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Class J=Lii:2-5J^ 

Book J—ii::: — 






DEPARTMENT 
PUBLIC iNSTBUCTION 




.(/^a^^^^, 



THE 




SCHOOL MANUAL, 



CONTAINING THE 



LAWS OF RHODE ISLAND 



RELATING TO PUBLIC INSTRUCTION, 



DECISIONS, REMARKS, AND FORMS, 



FOR THE USE OP SCHOOL OFFICERS, 



1896. 



Prepared, in accordance with a Resolution of the General Assembly, by 
Thomas B. Stockwell, Commissioner of Public Schools. 



PROVIDENCE : 

E. li. FREEMAN & SON, STATE PRINTERS- 
1896. 






^ 



9> 



NOTE. 



This book is public property and is for the use of School 
Officers. It is to be delivered by each officer to his successor 
iu office, and a copy should be accessible for consultation at all 
school meetings. 







^ 



RESOLUTION 

AUTHORIZING AND DIRECTING THE COMMISSIONER OF PUBLIC SCHOOLS 

TO PREPARE A 

School Manual. 

(Passed May Session. 1895.) 



Resolved, That the commissioner of public schools be, and he is 
hereby, authorized and directed to prepare a manual for the use 
of the officers of the public schools of this state, which shall con- 
tain such portions of the General Laws of this state as relate to 
education, and such decisions of the supreme court and of the 
commissioners of public schools arising under the school laws, 
and such other matter including forms and rules of procedure, 
as he may deem advisable; and he is further authorized and 
directed to cause to be printed and bound three thousand copies 
of the same when approved by the state board of education; and 
the state auditor is hereby authorized and directed to draw his 
orders on the general treasurer for the payment of the expense 
of the preparation, printing, and binding of said manual upon 
the order of the aforesaid state board of education, and the sum 
of twenty -five hundred dollars, or so much thereof as may be 
necessary is hereby appropriated for such purpose out of any 
money in the treasury not otherwise appropriated. 



RESOLUTION OF APPROVAL 



STATE BOARD OF EDUCATION 



AUGUST 8, 1895. 



Resolved, That the state board of education, having examined 
the "School Manual" prepared by the commissioner of public 
schools, in accordance with the resolution passed at the May 
Session, 1895, hereby approve the same and order its publica- 
tion. 



Charles Warren Lippitt, 
Edwin R. Allen, 
Samuel W. K. Allen, 
John E. Kendrick, 
Samuel H. Cross, 
Frank E. Thompson, 
George T. Baker, 
Charles J. White. 



State Board 

of 
Education. 



1* 



CONTENTS. 



Extracts FROM the Constitution of the State. 

Page. 
Art. I. Declaration of certain constitutional rights and 

principles • 1 

IX. Of qualifications for office 3 

XII. Of education 3 

Extracts from the General laws. 

Chapter 6. 

Of the rights and qualifications of voters 5 

Chapter 7. 
Of the registering, listing and returning lists of voters, and 

of proof of their qualification to vote 7 

Chapter 25. 
Of oaths, and by whom administered 10 

Chapter 26. 
Of the construction of statutes 11 

Chapter SO. 
Of the permanent school fund 14 



Till. SCHOOL MANUAL. 

Page. 
Chapter 31. 

•Of the public records .... 16 

Chapter 36. 
Of the powers of, and of suits by and against, towns 17' 

Chapter 43. 
Of the establishment and control of free public libraries by 

towns. ..... 19 

Chapter 44- 
Of property liable to, and exempt from, taxation 21 

Chapter 4.7. 
Of assessing and collecting poll taxes - 23 

Chapter 48. 
Of the collection of taxes 24 

Chapter 50. 
General provisions concerning taxes 31 

Title IX. 

Chapter 51. Of the board of education 3^ 

52. Of the commissioner of public schools 36 

53. Of the appropriation for public schools 38- 

54. Of the powers and duties of towns and of the 

town treasurer and town clerk relative to 
public schools 41 

55. Of the powers of school districts _. 46 



CONTENTS. 



IX. 



Page. 



56 
57 
58 
59 
60 
61 
62 
63 



Of district meetings 48 

Of joint school districts 50 

Of the levy of district taxes 53 



Of the trustees of school districts 56 

Of the powers and duties of school committees 58 

Of teachers 65 

Of legal proceedings relating to public schools 67 
Of the normal school, teachers' institutes and 

lectures 71 

64. Of truant children, and of the attendance of 

children in the public schools 73 

65. General provisions relating to public schools . 79 

66. Of the R. I. College of Agriculture and Me- 

chanic Arts 84 

67. Of State beneficiaries at the R. I. School of 

Design 88 

68. Of factory inspection 89 

Chapter 85. 
Of provision for the education of deaf, blind, and imbecile 

children 91 

Chapter 86. 
Of the Rhode Island Institute for the Deaf 



Chaiitef 87. 
Of the State Home and School for Children, 



93 



95 



Chapter 111. 
Of dogs 100 



X. SCHOOL MANUAL. 

Page. 
Chapter 166. 

Of bills of exchange aud promissory notes, and of legal in- 
terest 104 

Ghapier 176. 
Of incorporation 105 

Chapter 27S. 
Of oltenees against public peace 108 

Chapter 279. 
Of ollences against private property 108 

Chapter 283. 
or offences against public policy 109 

Decisions. 

Exemption from taxation 113 

Powers and duties of towns .... 115 

Powers of districts and district officers 122 

District meetings 147 

District taxes 189 

Trustees 208 

Powers and duties of school committee, and apportiomnent 

and uses of school money 222 

Teachers 249 

Legal proceedings 259 



CONTENTS. XI. 
Remarks. 

Pagk. 

Board of education 292 

Commissioner of public schools 293 

Towns 294 

Town clerks 295 

Town treasurers 296 

School committees 297 

School superintendents 324 

Districts 328 

Taxation 342 

Teachers . . 348 

Appeals 357 

Education of the dependent and defective classes 358 

Libraries 359 

Forms 362 

Index to General Laws 395 

Index to decisions 422 

Index to remarks and forms 432 



EXTRACTS 



FROM THE 



OTowstitittimt of l^hode |slawd. 



ARTICLE I. 
Declaration of Rights. 

Section 

2. Object of government.— How 

laws should be made and bur- 
dens distributed. 

3. Religious freedom secured. 

ARTICLE IX. 
Qualifications for Office. 

Section 
1. Qualified electors only eligible. 



ARTICLE XII. 
Education. 

Section 

1. Duty of general assembly to 

promote schools, etc. 

2. The permanent school fund. 

3. Donations for support of 

schools. 

4. Powers of general assembly 

under this article. 



PREAMBLE. 

WE, the people of the State of Rhode Island and 
Providence Plantations, grateful to Almighty God for 
the civil and religious liberty which He hath so long 
permitted us to enjoy, and looking to Him for a bless- 
ing upon our endeavors to secure and to transmit the 
same unimpaired to succeeding generations, do ordain 
and establish this constitution of government. 



2 SCHOOL MANUAL. 

ARTICLE I. 

Declaration of Certain Constitutional Rights and 

Princiioles. 

In order effectually to secure the religious aud polit- 
ical freedom established by our venerated ancestors, 
and to preserve the same for our posterity, we do 
declare that the essential and unquestionable rights 
and principles hereinafter mentioned shall be estab- 
lished, maintained and preserved, and shall be of 
paramount obligation in all legislative, judicial and 
executive proceedings. 

Section 2. All free governments are instituted for 
the protection, safety and happiness of the people. 
All laws, therefore, should be made for the good of 
the whole ; and the burdens of the State ought to be 
fairly distributed among its citizens. 

Sec. 3. Whereas Almighty God hath created the 
mind free ; and all attempts to influence it by tempo- 
ral punishments or burdens, or by civil incapacitations, 
tend to beget habits of hypocrisy and meanness ; and 
whereas a principal object of our venerable ancestors, 
in their migration to this country and their settlement 
of this State, was, as they expressed it, to hold forth 
a lively experiment, that a flourishing civil State maj" 
stand and be best maintained with full liberty in relig- 
ious concernments : we, therefore, declare that no 
man shall be compelled to frequent or to su^Dport any 
religious worship, place, or ministry whatever, except 
in fulfillment of his own voluntary contract ; nor en- 
forced, restrained, molested, or burdened in his body 
or goods ; nor disqualified from holding any office ; 



EXTRACTS FROM CONSTITUTION OF RHODE ISLAND. 3 

nor otherwise suffer on account of his religious belief ; 
and that every man shall be free to worship God ac- 
cording to the dictates of his own conscience, and to 
I)rofess and by argument to maintain his opinion in 
matters of religion; and that the same shall in no wise 
diminish, enlarge, or affect his civil capacit}'-. 

ARTICLE IX. 

Of Qualificaiions for Office. 

Section 1. No person shall be eligible to any civil 
office, (except the office of school committee), unless 
he be a qualified elector for such office. 

ARTICLE XII. 

Of Education. 

Section 1. The diffusion of knowledge, as well as 
of virtue, among the people, being essential to the 
preservation of their rights and liberties, it shall be 
the duty of the general assembly to promote public 
schools, and to adopt all means which they may deem 
necessar}^ and proper to secure to the people the ad- 
vantages and opportunities of education. 

Sec. 2. The money wdiich now is or which may 
hereafter be appropriated by law for the establishment 
of a permanent fund for the support of public schools, 
shall be securel}^ invested, and remain a perpetual 
fund for that purpose. 

Sec. 3. All donations for the sujjport of public 
schools, or for other purposes of education, which may 



4 SCHOOL MANUAL. 

be received by the general assembly, shall be applied 
according to the terms prescribed by the donors. 

Sec. 4. The general assembly shall make all nec- 
essary^ provisions by law for carrying this article into 
effect. Thej^ shall not divert said money or fund from 
the aforesaid uses, nor borrow, appropriate, or use the 
same, or any part thereof, for any other purpose, un- 
der any pretence whatsoever. 



EXTRACTS FROM THE GENERAL LAWS 



MuU of ^ftode 'gelnnd 



RELATING TO 



PUBLIC INSTRUCTION. 



IN THE YEAR OF OUR LORD 1896. 



CHAPTER 6. 



Of the Rights and Qualifications of Voters. 

Section i Section 

1. Classification of voters as regis- I 2. Eight to vote on real estate, sit- 
tered. and unregistered, and i uated in to wn other than that 

their rights to vote. | in which voter resides. 

Section 1. The two following classes of persons 
have, by the constitution, the 'first as registered and 
the second as unregistered voters, a right to vote in 
the election of all civil officers, and on all questions 
in all legally organized town, ward or district meet- 
ings : 

1* 



6 SCHOOL MANUAL. 

First, Every male citizen of the United States, of 
the age of twenty-one years, who has had his resi- 
dence and home in this state for two years, and in 
the town or cit}^, in which lie may offer to vote, six 
months next preceding the time of his voting, and 
whose name shall be registered, in the town or city 
where he resides, on or before the last day of Decem- 
ber in the year next preceding the time of his voting : 
Provided, that no person shall at any time be allowed 
to vote in the election of the city council of any city, 
or npon 'diiy proposition to impose a tax or for the 
expenditure of money in any town or city, unless he 
shall within the year next preceding have paid a tax 
assessed upon his property therein, valued at least 
at one hundred and thirty-four dollars. 

Second, Every male citizen of the United States, 
of the age of twenty-one years, who has had his resi- 
dence and home in this state for one year, and in the 
town or city, in which he may claim a right to vote, 
six months next preceding the time of voting, and 
who is really and truly possessed in his own right of 
real estate in such town or city of the value of one 
hundred and thirty-four dollars over and above all 
incumbrances, or which shall rent for seven dollars 
per annum over and above any rent reserved or 
the interest of any incumbrances thereon, being an 
estate in fee-simple, fee-tail, for the life of any per- 
son, or an estate in reversion or remainder, which 
qualifies no other jjerson to vote, the conveyance of 
which estate, if by deed, shall have been recorded at 
least ninety days. 

Sec. 2. The following class of persons have, by 
the constitution, as unregistered voters, a right to 



LAWS EELATING TO PUBLIC INSTRUCTION. 7 

vote in the election of all general officers and mem- 
bers of the general assembly, in the town or city in 
which they shall have had their residence and home 
for the term of six months next preceding the elec- 
tion : — 

Every male citizen of the United States, of the age 
of twenty-one years, who has had his residence and 
home in this state for one year, and shall own any 
snch real estate within this state, but out of the town 
or city in which he resides, as is described in the 
second clause of the first section of this chapter, and 
who shall produce a certificate from the clerk of the 
town or city in which his estate lies, bearing date 
within ten days of the time of his voting, setting 
forth that such person has a sufficient estate therein 
to qualif}^ him as a voter, and that the deed, if any, 
has been recorded ninety days. 



CHAPTER 7. 



Of the Registering, Listing and JReturning Lists of 
Voters, and of Proof of their Qualification to Vote. 

Section [ Section 

2. Registry voters to register ' 13. Town clerks to give certified 

themselves annually. copies of registration of vot- 

3. Names of property taxpayers ers and other recoi'ds. 

to be put on voting list ; and ; 14. Electors entitled to certified 

annual registry not required, i lists of persons paying taxes, 

8. Proof of payment of taxes. etc., and penalty for refusal 

12. Town clerks, etc., to furnish to furnish same. 

certified copies of lists of 

voters on demand, etc. 

Sec. 2. Every person who is or within a year may 
be qualified to vote, upon being registered, shall go 
to the town clerk of the town in which he resides, 



8 SCHOOL MANUAL. 

and shall annuallj^, on or before the last day of 
December, register his name, and thereby certify to 
the truth of the facts stated in the appropriate heads 
of such registry. Ever}^ person who shall knowingly 
make any false certificate in registering his name in 
any such registry book shall be fined not exceeding 
fifty dollars, or be imprisoned not exceeding sixty 
days : PrGvided, that before any person's name shall 
be placed upon the voting list, if such citizen shall 
be of foreign birth, he shall file proof, at least five 
days before any meeting of the board of canvassers, 
with the town clerk, that he is a citizen of the United 
States, and such proof shall be subject to the ap- 
proval of the board of canvassers of the town or 
ward wherein such jjerson shall claim the right to 
vote. 

Sec. 3. The several town and ward clerks shall 
annually place upon the voting list the names of the 
several persons w^ho have previously been upon the 
voting list, according to the provisions of this chap- 
ter, against whom a property tax to the amount of 
one dollar or upwards shall have been assessed ; and 
such persons need not register their names annually 
as is required of persons not paying a property tax. 

Sec. 8. The proof of the payment of taxes upon 
real estate or jDersonal property shall be the certifi- 
cate of the collector of taxes or town treasurer ; and 
the receipt or returns of the collector of taxes shall 
be sufficient evidence for the purpose of procuring 
tlie certificate of the town treasurer. In case of a 
school-district or highway tax, when by law the same 
ma}^ be paid, whether in money or labor, to a sur- 
veyor of highways or to a district collector, the re- 



LAWS KELATING TO PUBLIC INSTRUCTION. 9 

ceipt of such surveyor or district collector shall be 
sufficient evidence of such payment for the purpose 
of procuring the certificate of the collector of taxes 
or of the town treasurer. 

Sec. 12. Every town, ward or district clerk, upon 
payment or tender of his legal fees, which shall be 
the same for the w^ard and district clerks as for the 
town clerks, shall furnish to any one demanding the 
same a certified cof)y of any list of voters whose 
votes have been given in at any election. 

Sec. 13. Everj^ town clerk shall, upon like paj^- 
ment or tender, furnish to any person demanding the 
same a certified copj^ of any registration of voters, 
and shall also, upon request of any person and ten- 
der of legal fees, and without any unreasonable de- 
lay, examine the records and certif}^ to the estate of 
any person, and shall furnish copies of any instru- 
ment or writing which may be on record or in the 
files of his office. 

Sec. 14. Every officer authorized to receive taxes 
shall, upon like request and payment or tender, and 
without unreasonable delaj^^, furnish to any elector a 
certified list of those who have paid to him state and 
town taxes, and the amounts and times of such pa}^- 
ments ; and shall grant certificates setting forth 
whether a certain person has or has not paid to him 
such taxes, and, if paid, to what amount and at what 
time ; and every such officer who shall refuse or un- 
reasonably del^j to furnish such lists or certificates, 
upon xDayment or tender as aforesaid, shall for every 
such offence be fined not less than twenty-five dollars 
nor more than two hundred dollars. 



10 SCHOOL MANUAL. 

CHAPTER 25. 
Of Oaths, and by whom Administered. 

Section i Section 

5. Form of engagrement. within their respective coun- 



9. Who may administer oaths 
tliroughout the state. 



ties and towns. 
11. Who may administer oaths in 



10. Wlio may administer oaths 1 connection witli their offices. 

Sec. 0. Every person, except the justices of the 
supreme court, elected to office by the general assem- 
bly, or by either house thereof, or by any town or 
town council, or under the provisions of the law in 
relation to public schools, or appointed to office, civil 
or military, by the governor, shall, before he shall act 
therein, take the following engagement before some 
person authorized to administer oaths, namely : I, 
[naming the peTSon\ do solemnly swear (or, affirm) 
that I will faithfully and impartiall}^ discharge the 
duties of the office of [naming the office'] according 
to the best of my abilities, and that I will support 
the constitution and laws of this state, and the con- 
stitution of the United States, so help me God : [Or: 
This affirmation I make and give uj)on the peril of 
the penalty of perjury]. 

Sec. 9. The following persons may administer 
oaths anywhere within the state : The governor, 
lieutenant-governor, secretary of state, attorney-gen- 
eral, assistant attorney-general, general treasurer, 
justices of the supreme court, speaker of the house 
of representatives, commissioners appointed by other 
states to take acknowledgments of deeds and deposi- 
tions within this state, notaries public, the railroad 
commissioner, the insurance commissioner, and the 
<3ommissioners of shell fisheries. 



LAWS KELATING TO PUBLIC INSTRUCTION. 



11 



Sec. 10. The following- xDersons may administer 
oaths within the respective counties and towns for 
which the}^ may be elected to office : Clerks of courts^ 
state senators, justices and assistant justices of the 
district courts, justices of the peace, mayors of cities, 
judges of probate, iDresidents of town councils, or 
persons acting as such, town clerks and town wardens. 

Sec. 11. The following persons ma}" administer 
oaths in relation to all matters connected with, or in 
administering the duties of, their respective offices : 
The school commissioner, foremen of grand juries, 
members of committees of either house of the gen- 
eral assembly or of joint committees thereof, chair- 
men of committees of either board of a citj council 
or of joint committees thereof, members of town 
councils, auditors, referees, masters in chancery, 
clerks of school districts, commissioners on insolvent 
estates, members of the board of state charities and 
corrections, coroners, deputy-coroners, assessors of 
taxes, the presiding officer of the state board of phar- 
macy", general and field officers, judge advocate-gen- 
eral and brigade judge-advocate. 



CHAPTER 26. 

Of the Construction of Statutes. 



Sectiox 


Section 


1. Rules of construction, when to 


7. '"United States." 


be applied. 


8. '"Town."" '"town council."" 


2. Genders. 


"town clerk," "ward clerk. "" 


3. Numbers. 


'"town treasurer," "town 


4. Joint authority of three or 


sergeant."' 


more authorizes a majority. 


9. ""Land"" or ""lands."" ""real es- 


5. "Person." 


tate." 


(5. '"Insane person." 


10. '"Oath," "sworn,"" ""engaged. ■ 



12 SCHOOL MANUAL. 



EOT] 


[ON 




Sectio:n^ 


11. 


"Month," "year." 




lie acts for purposes of plead- 


12. 


Computation of time. 




ing. 


13. 


"Justice of the peace," 


'dis- 


16. Repeal, effect of, in civil cases. 




trict court." 




18. Repeal not to revive statutes 


14. 


" Seal." 




repealed. 


15. 


Acts of incorporation are 


pub- 


19. Statutes, when to take effect. 



Section 1, In the construction of statutes the 
provisions of this chajjter shall be observed, unless 
the observance of them would lead to a construction 
inconsistent with the manifest intent of the general 
assembly, or be repugnant to some other part of the 
same statute. 

Sec. 2. Every word importing the masculine gen- 
der only, may be construed to extend to and to in- 
clude females as well as males. 

Sec. 3. Every word importing the singular num- 
ber only, may be construed to extend to and to in- 
clude the plural number also ; and every word im- 
porting the plural number only, may be construed to 
extend to and to embrace the singular number also. 

Sec. 4. All words j)urporting to give a joint 
authority to three or more officers or persons shall be 
so construed as to give such authority to a majority 
of them. 

Sec. 0. The word " person " wi^y be construed to 
extend to and include copartnerships and bodies cor- 
porate and politic. 

Sec. 6. The words " insane person " shall be con- 
strued to include ever}^ idiot, person of unsound 
mind, lunatic and distracted person. 

Sec. 7. The words "United States" shall be con- 



LAWS RELATING TO PUBLIC INSTEUCTION IS 

strued to include the several states and the territo- 
ries of the United States. 

Sec. 8. The word " town " may be construed to 
include cit}^, or the District of Narragansett ; the 
words " town council," board of aldermen or the dis- 
trict council of the District of Narragansett ; the 
words " town clerk," city clerk or the clerk of the 
District of Narragansett ; the Avords " ward clerk,'^ 
clerk of election district ; the words " town treas- 
urer," city treasurer or the treasurer of the District 
of Narragansett; and the words "town sergeant," 
city sergeant or the district sergeant of the District 
of Narragansett. 

Sec. 9. The word "land" or "lands," and the 
words "real estate," may be construed to include 
lands, tenements and hereditaments, and rights 
thereto and interests therein. 

Sec. 10. The word "oath" shall be construed to 
include aftirmation ; the word " sworn," affirmed ; 
and the word " engaged," either sworn or affirmed. 

Sec. 11. The words "month" and "year" shall 
be construed to mean a calendar month and year. 

Sec. 1 2. Whenever time is to be reckoned from 
any day, date, or act done, or the time of any act 
done, such day, date, or the day when such act is 
done, shall not be included in such computation. 

Sec. 13. The words "justice of the peace "may 
be construed to include warden of the peace, and the 
words " district court " to include warden's court. 

2 



14 SCHOOL MANUAL. 

Sec. 14. Whenever a seal is required to be affixed 
to any paper, the word " seal " shall be construed to 
include an impression of such seal made with or with- 
out the use of wax or wafer on the paper. 

Sec. 15. Every act of incorporation shall be so 
far deemed a public act, that the same may be de- 
clared on and given in evidence, without specially 
pleading the same. 

Sec. 16. The repeal of any statute shall in no case 
affect any act done, or any right accrued, acquired 
or established, or any suit or jDroceeding had or com- 
menced in any civil case before the time when such 
repeal shall take effect. 

Sec. 18. The repeal of any statute shall not be 
construed to revive any other statute which has been 
repealed. 

Sec. 19. Every statute which does not expressly 
prescribe the time when it shall go into operation, 
shall take effect on the tenth day next after the ris- 
ing of the general assembly at the session thereof at 
which the same shall be passed. 



CHAPTER 30. 

Of the Permanent School Fund. 



Section 

1. Custody and investment. 

2. Money from auctioneers to be 



Section 
4. Additions, how they are to be 
invested. 



added to the fund. I 5. Income to be appropriated for 



3. School money forfeited by 
towns, to be added to the 
fund. 



sxipport of public schools. 



LAWS RELATING TO PUBLIC INSTRUCTION. 1 5 

Section 1. The general treasurer, with the ad- 
vice of the governor, shall have fall power to regu- 
late the custod}^ and safe keeping of the fund now 
constituting the i^ermanent fund for the support of 
public schools, and shall keep the same securely in- 
vested in the capital stock of some safe and respon- 
sible bank or banks or in bonds of towns or cities 
within this state. 

Sec. 2. The money that shall be paid into the 
state treasury by auctioneers, for duties accruing to 
the use of the state, is appropriated, and the same 
shall annually be added to said school fund, for the 
permanent increase thereof. 

Sec. 3. Whenever au}^ money appropriated to any 
town from the state treasurj^, for the support of pub- 
lic schools therein, shall have been forfeited by such 
town, the same shall be added to said school fund, 
and shall forever remain a part thereof. 

Sec. 4. The general treasurer, with the advice of 
the governor, shall from time to time securely invest 
all sums of money hereby directed to be added to 
said fund, in the capital stock of some safe and re- 
sponsible bank or banks or in bonds of any town or 
city within this state. 

Sec. 5. The income arising from said fund so in- 
vested shall annually be a^jpropriated for the sup- 
port of public schools in the several towns. 



16 



SCHOOL MANUAL. 



CHAPTER 31. 

Of the Public Records. 



Section 
1. Officers to deliver official 
records, etc., to their suc- 
cessors in office, or to secre- 
tary of state, when. Pen- 
alty for neglect. 



Section 
2. Penalty for neglect by other 
than the lawful custodian, to 
deliver official records, etc. 



Section 1. Every person who shall hold a public 
office shall, upon leaving the same, deliver to his suc- 
cessor in office, or, if there be no successor, to the 
secretary of state, all records, books, writings, letters 
and documents, kept or received by him in the trans- 
action of his official business, and all moneys in his 
hands which he shall have received as trust funds 
from 2ii\y person or otherwise in the course of his offi- 
cial business ; and every such person who shall, with- 
out just cause, refuse or neglect for the space of ten 
days after request made in writing by any citizen of 
the state, to deliver as herein required such records, 
books, writings, letters or documents, or to pay over 
such monej^s, to the person authorized to receive the 
same, shall be fined not exceeding five hundred dol- 
lars and be imprisoned not exceeding five years. 

Sec. 2. Ever}^ person, other than the lawful cus- 
todian thereof, who shall have in his possession, or 
under his control, any such record, book, writing, let- 
ter or document as is designated in section one of 
this chapter, and who shall, without just cause, re- 
fuse or neglect for the space of ten days after request 
made in writing by any citizen of the state, to deliver 
such record, book, writing, letter or document to the 
lawful custodian of the same, shall be fined not ex- 



LAWS EELATING TO PUBLIC INSTRUCTION. 



17 



ceeding five hundred dollars and be imprisoned not 
exceeding five years. 



CHAPTER 36. 



Of the Powers o/, and of Suits hy and against, Towns. 



Section 

4. Towns may grant money for 

schools, schoolhouses and 
school libraries. 

5. Towns may establish free pub- 

lic libraries. 

6. May appropriate money for the 

maintenance, etc., of such 
libraries. 



Section 



21. 



22. 



May appropriate money for free 

public library not its own. 
Town indebtedness limited to 

three per centum of taxable 

property. 
Town taxes limited to one per 

centum of ratable property. 



Sec. 4. Towns maj^, at any legal meeting, grant 
and vote such sums of money as they shall judge 
necessary : — 



For the support of schools, purchase of sites for 
and the building and repair of schoolhouses ; and 
for the establishing and maintaining of school libra- 
ries ; 

^ H< * H« * * 

Sec. 0. The electors in any town or city qualified 
to vote upon any proposition to impose a tax, or for 
the expenditure of money in such town or city, may, 
by a majority vote of such electors voting at the an- 
nual meeting for the election of town officers, or 
members of the city council therein, appropriate a 
sum not exceeding twenty-five cents on each one hun- 
dred dollars of the ratable property of such city or 
town in the year next preceding such appropriation, 
for the foundation therein of a free iDublic library, 
with or without branches, for all the inhabitants 

2* 



18 SCHOOL MANUAL. 

thereof, and to provide suitable rooms for siicli 
library, which shall be used under such regulations 
as may from time to time be prescribed by the town 
council of such town, or city council of such city. 

Sec. 6. Any town or city having established a free 
public library therein, in manner as aforesaid, may 
a-nnuall}^, by the majority vote of the electors of said 
town, qualified as aforesaid and voting on the propo- 
sition, or by vote of the city council of said cit}^, ap- 
propriate a sum not exceeding thirty cents on each 
one thousand dollars of its ratable property, in the 
year next preceding such appropriation, for the 
maintenance and increase of such library therein, 
and may take, receive, hold and manage any devise, 
bequest or donation for the establishment, increase 
or maintenance of a public library therein, to be un- 
der such regulations for its government, when they 
are not X-)rescribed by its donor, as may from time to 
time be prescribed by the town council of such town, 
or the city council of such city. 

Sec. 7. Every town not owning a free public 
library may, at the annual town meeting, appropri- 
ate a sum not exceeding thirtj^ cents on each one 
thousand dollars of its ratable property in the yeai' 
next preceding such appropriation, for the mainte- 
nance and increase of au}^ free public library therein. 

Sec. 21. No town shall, without special statutory 
authority therefor, incur any debt in excess of three 
]3er centum of the taxable propert}^ of such town, in- 
cluding the indebtedness of such town on the tenth 
day of April, one thousand eight hundred seventy- 
eight, but the giving of a new note or bond for a pre- 



LAWS RELATING TO PUBLIC INSTRUCTION. 19 

existing debt, or for money borrowed and ax^plied to 
the payment of such i3re-existing debt, is excepted 
from the provisions of this section, and the amount 
of any sinking fund shall be deducted in computing 
such indebtedness. 

Sec. 22. No town shall assess its ratable property 
in au}^ one j^ear in excess of one per centum of its 
ratable value, except for the ]3urpose of pajang the 
indebtedness of such town or the interest thereon, 
or for appropriations to any of the sinking funds, or 
for extraordinary repairs for damages caused b}^ the 
elements ; but assessments for specific benefits con- 
ferred hj the opening or improving of any public 
high^Tay, or for s.nj public sewer, shall not be taken 
to be within the i)rovisions of this section. 



CHAPTER 43. 



Of the EstaMisliment and Control of Free Public 
Libraries by Towns. 



Sectiox 
1. To^Ti or city council may ac- 
cept gift of public library, or 
funds for. 



Sectiox 

3. Duties and powers of trustees. 

4. Appropriation for support of 

library to be made annually. 



TowTi or city council to elect ; 5. Trustees to accept and receipt 
trustees, and may fill vacan- for legacies. 



cies. 



Section 1. In case an}^ library, or funds for the 
establishment thereof, may be offered to any city or 
town on the condition that said library shall be main- 
tained as a free public library, the city council of any 
city, or town council of any town, is hereby author- 
ized to accept such gift in behalf of the city or town. 



20 SCHOOL MANUAL. 

Sec. 2. Whenever any city or toAvn shall estab- 
lish a free ]3ublic library, or shall become possessed, 
as above provided, of any such library, the aforesaid 
city council or town council, as the case may be, shall 
proceed to elect a board of trustees, to consist of not 
less than three members nor more than seven. As 
soon as possible after the election of the first board, 
the members thereof shall meet and be divided by 
lot into three groups or classes, the terms of office of 
one group exi)iring in one year from the date of their 
election, those of another group in tAvo years, and 
those of the remaining group in three j^ears. With 
the expiration of the term of office of any member 
the vacancy shall be filled by the citj^ council or town 
council, as the case may be, for the term of three 
years. Vacancies occurring b}^ resignation, removal, 
death, or otherwise, shall be filled as above for the 
unexpired term thereof. 

Sec. 3. The aforesaid trustees shall take posses- 
sion of said library, and shall thereafter be the legal 
guardians and custodians of the same. They shall 
provide suitable rooms for the librarj^, arrange for 
the proper care of the same, choose one or more com- 
petent persons as librarians and fix their compensa- 
tion, and make all needful rules and regulations for 
the government of the library and the use of the 
books : Provided, that no fee for the use of the 
books shall ever be exacted. 

Sec. 4. Each city or town acting under this chap- 
ter shall annually api^ropriate for the supxDort of the 
public library an amount at least as much as that 
which the library shall receive from the state. All 
aiDproiDriations from the city or town and state, and 



LAWS RELATING TO PUBLIC INSTRUCTION. 21 

the income of all f imds belonging to the library, shall 
be subject to the exclusive control of the trustees, 
and the several city and town treasurers shall pay, 
within the limits of the appropriations and other li- 
brary funds in their hands, all bills properly certified 
by the said trustees. 

Sec. 5. In case of any bequest, legacy, or gift to, 
or in favor of, a public librarj^, the trustees thereof 
are hereby authorized and empowered to accept the 
same in behalf of, and for the use of, the library, and 
their receipt shall be a full and sufficient discharge 
and release to any executor, administrator, or other 
person authorized to make the payment thereof. 



CHAPTER 44. 

Of Property Liable to and Exempt from Taxation. 

Section | Section 

1. Property liable to taxation. I 2. Property exempt from taxation. 

Section 1. All real property in the state and all 
personal property belonging to the inhabitants thereof 
shall be liable to taxation unless otherwise specially 
provided. 

Sec. 2. The following property and no other, shall 
be exempt from taxation : Property belonging to 
the state ; lands ceded or belonging to the United 
States ; buildings for free public schools, buildings 
for religious worship and the land upon which they 
stand and immediately surrounding the same, to an 
extent not exceeding one acre, so far as said buildings 
and land are occupied and used exclusively for relig- 



:22 SCHOOL MANUAL. 

ions or educational purposes ; the bnildings and per- 
sonal estate owned by any corporation used for a 
school, academy or seminary of learning, and of any 
incorporated public charitable institution, and the 
land upon which said buildings stand and immedi- 
ately surrounding the same, to an extent not exceed- 
ing one acre, so far as the same is used exclusively 
for educational purjDoses, but no iDroperty or estate 
whatever shall hereafter be exempt from taxation, in 
any case, where any part of the income or profits 
thereof or of the business carried on thereon, is di- 
vided among its owners or stockholders ; the estates, 
persons and families of the president and x3rofessors, 
for the time being, of Brown University, for not more 
than ten thousand dollars for each such officer, his 
estate, person and family included; property" specially 
exempt by charter, unless such exemption shall have 
been Avaived in whole or in part ; lots of land used 
exclusively for burial grounds ; the proi)erty, real 
and personal, held for or by anj^ incorporated library 
society, or any free iDublic library, or any free public 
library society, so far as said property shall be held 
exclusively for library purposes, or for the aid or 
support of poor friendless children, or for the aid or 
support of the aged i)oor, or for the aid or support of 
the poor generall}^, or for a hospital for the sick or 
disabled,, and any fund given or held for the purpose 
of public education ; almshouses and the land and 
buildings used in connection therewith, except that 
almshouse-estates, when belonging to the town, shall 
be subject to taxation for school purposes, in the 
school district in which they are situated ; the estate 
of any person who in the judgment of the assessors 
is unable, from infirmity or poverty, to pay the tax ; 



LAWS RELATING TO PUBLIC INSTEUCTION. 



2a 



the bonds and other securities issued and exempted 
from taxation by the government of the LTnited States. 



CHAPTER 47. 



Of Assessing and Collecting Poll Taxes. 



Section 

1. Poll tax to be assessed, when 

and upon whom. 

2. Assessors entitled to certain 

information from inhabi- 
tants of towns and cities. 



Section 

Penalty for refusing to give- 
such information. 
3. Collection of poll tax. Tax to^ 
be applied to support of 
public schools. 



Section 1. The assessors of taxes of each town 
and city shall, at the time of the annual assessment 
of town and city taxes therein respectively, assess 
against every person in said town or citj^, who, it* 
registered, would be qualified to vote, a tax of one 
dollar, or so much thereof as Avith his other taxes 
shall amount to one dollar. 

Sec. 2. The assessors of taxes of each town or 
city, or either of them, or any person by them author- 
ized, may, at any time within three months preceding 
the time of assessing the poll tax in their respective 
towns or cities, require from any and every inhabi- 
tant of such town or city such information as may be 
deemed necessar}^ by them, or either of them, to 
enable said assessors to decide whether or not any 
inhabitant is liable to assessment for said tax ; and 
an 3^ person who shall refuse to give such information, 
or shall wilfully make any false statements for the 
purpose of deceiving in the giving of such informa- 
tion, shall be punished by fine not exceeding twenty 



24 



SCHOOL MANUAL. 



dollars, or imprisonment in the county jail for a term 
not exceeding ninety days. 

Sec. 3. The assessors of taxes on completing the 
assessment of taxes as prescribed in this chapter, 
shall date and sign, and within three days thereafter 
deposit the same in the office of the town clerk, ex- 
cept in the city of Providence, and in the city of 
Providence deposit the same with the city treasurer 
thereof. The town clerk shall forthwith make a copy 
of the same, and deliver it to the town treasurer, and 
the town treasurer shall forthwith issue and affix to 
said copy a warrant under his hand, and which need 
not be under seal, directed to the collector of taxes 
of the town commanding him to proceed and collect 
the several sums of money therein expressed, of the 
persons liable therefor, by the time directed by the 
town, and to i)ay over the same to him or to his suc- 
cessor in office. Whenever any town shall elect its 
town treasurer collector of taxes for such town, such 
warrant shall be issued to the town treasurer as col- 
lector of taxes by the town clerk. The tax assessed 
according to the provisions of this chapter, shall be 
applied to the support of the public schools in such 
town or city. 



CHAPTER 48. 



Of the Collection of Taxes. 



Section 

2. Taxes a lien on real estate. 

8. Lien, how long to continue. 

7. Tax may be collected from 
either real or personal es- 
tate. 



Section 
9. Collector may advertise and selL 

10. Real estate may be sold after 

notice ; notice how given. 

11. Notice, how given in case of 

residents. 



LAWS RELATING TO PUBLIC INSTRUCTION. 25 

Section • Section 

12. Notice to persons not taxed 19. 20. Sales of personal property ; 

who hare an interest in the notice of. how given, 

property taxed. 21. Property to be sold by auction 

1.3. If non-residents, a copy of no- if tax is not paid. 

tice to be sent by mail. 22. Sui'plustobereturned to owner. 

14. Entry upon the land not neces- 23. Collector may remove personal 

sary ; return to be made to property for sale. 

town clerk under oath ; ef- 24. May follow persons or property 

feet of retiirn. to any town. 

15. Deed of real estate sold by col- 25. Sale may be adjourned. 

lector or sheriff for taxes. 26. Collector may recover tax, how. 

what title vests in pur- 27. Judgment, execution and levy, 

chaser. 28. Proceedings, where person 

16. Owner may redeem within one taxed is oiit of state. 

year. 29. Warrant of distress to issue. 

17. Collector may distrain and sell when. 

personal property. 34. Warrant is in force until tax is 

18. Property exempt from dis- collected. 

traint. 35. Collector may require aid. 

Section 2. All taxes assessed against any iDerson in 
any town for either personal or real estate shall con- 
stitute a lien on his real estate therein. 

Sec. 3. All taxes assessed against the owner of 
any real estate shall constitnte a lien on snch real 
estate in any town, for the space of two years after 
the assessment, and, if such real estate be not 
aliened, then until the same is collected. 

Sec. 7. If any person is taxed for several parcels 
of real estate, or for personal and real estate in the 
same tax, the whole of such pei'son's tax ma}' be col- 
lected, either out of the real or personal estate, or any 
part thereof : Provided, that no land aliened shall be 
sold, if the person taxed have other sufficient pro- 
perty. 

Sec. 9. The collector may advertise and sell any 
real estate liable for taxes in the manner hereinafter 
directed. 



26 SCHOOL MANUAL. 

Sec. 10. In all cases where any parcel of real es- 
tate is liable for payment of taxes, so much thereof 
as is necessary to pay the tax, interest, costs and ex- 
penses, shall be sold by the collector, at public auc- 
tion, to the highest bidder, after notice has been 
given of the levy, and of the time and place of sale, 
in some newspaper published in the town, if there be 
one, and if there be no newspaper published in the 
town, then in some newspaper published in the 
county, at least once a week for the space of three 
weeks, and the collector shall also jjost up notices in 
two or more public places in the town for the same 
period. 

Sec. 11. If the person to whom the estate is taxed 
be a resident of this state, the collector shall, in ad- 
dition to the foregoing, cause notice of his levy, and 
of the time and place of sale, to be left at his last 
and usual place of abode, or personally served on 
him, at least twenty days previous to the day of sale. 

Sec. 12. In case the collector shall advertise for 
sale any property, real, personal or mixed, in which 
any person other than the person to whom the tax is 
assessed has an interest, he shall, provided the inter- 
est of such other person appears upon the records of 
the town, leave a copy of the notice of such sale at 
the last and usual place of abode, or personally with 
such other person, if within this state, twenty days 
prior to the time of such sale. 

Sec. 13. If such other person have no last and 
usual place of abode within this state, then a copy of 
said notice shall be sent by mail to such person, at 
his place of residence, if known, twenty days prior to 
the time of such sale. 



LAWS EELATING TO PUBLIC INSTEUCTION. 27 

Sec. 14. No entry upon the land by the collector 
shall be deemed necessary ; but the collector, in all 
cases of sales of real estate, shall make a return of 
all his proceedings under oath into the town clerk's 
office, within ten days after the sale ; which return 
shall be evidence of the facts therein stated. 

Sec. 15. The deed of any real estate, or of any in- 
terest therein, sold for the payment of taxes, made 
and executed by the sherife or collector who shall 
sell the same, shall vest in the purchaser, subject to 
the right of redemption hereinafter provided, all the 
estate, right and title the owner thereof had in and 
to such real estate at the time said tax was assessed, 
free from any interest or incumbrance thereon of 
any person to whom the notice required by the pro- 
visions of this chapter shall have been given ; and 
the recitals in such deed shall be evidence of the 
facts stated. 

Sec. 16. The person who owned any real estate 
sold for taxes, at the time of the assessment, or any 
interest therein, his heirs, assigns or devisees, may 
redeem the same upon repaying to the purchaser the 
amount paid therefor, with twenty per centum in 
addition, within one year after the sale, or within six 
months after final judgment has been rendered in 
any suit in which the validity of the sale is in ques- 
tion : Provided, said suit be commenced within one 
year after such sale. 

Sec. 17. The collector may distrain personal prop- 
ert}^, except as provided in the section following, 
and may sell the same in the manner hereinafter di- 
rected. 



28 SCHOOL MANUAL. 

Sec. 18. Property exempt from attachment or dis- 
tress by the laws of this state or of the United States 
shall not be liable to be distrained for any taxes 
whatsoever. 

Sec. 19. In all cases where personal property 
shall be levied on by any collector, he shall cause 
notice thereof, and of the time and place of sale, to 
be left at the last and usual place of abode of the 
owner, or personally to be given to him, at least five 
days previous to the appointed time of sale, if such 
owner have a last and usual place of abode in the 
state or if personal notice can be given to him. 

Sec. 20. The collector shall also in all cases ad- 
vertise the same for three successive weeks in a 
newspaper, if there be one published in the town, if 
not, in the county, and shall also post up notices in 
three public places in said town, at least twenty daj's 
previous to the appointed time of sale. 

Sec. 21. If such owner do not pay the amount of 
the tax, with the interest or percentage and all costs 
and charges, by the time appointed for the sale, the 
collector shall sell the same, or enough to pay said 
sums, at public auction. 

Sec. 22. Any property or surplus of money re- 
maining shall be returned to the owner or person en- 
titled to receive it. If no owner or person entitled to 
receive the same can be found by the collector, he 
shall deliver such projjerty or surplus of mone}^ to 
the town treasurer, who shall hold the same subject 
to the call of the owner thereof. 

Sec. 23. Any collector may, with consent of the 



LAWS RELATING TO PUBLIC INSTRUCTION. 29 

owner, remove personal property for sale to any town 
or place, where it may be sold to the best advantage, 
giving notice to the owner as before provided, and 
giving notice as provided b}^ section twenty of this 
chapter, in the town or place where the sale is to be 
made. 

Sec. 24. If any person or property taxed in one 
town removes or is removed into another town before 
the tax is collected, the collector may follow such 
person or propertj^ into any town, and levy or collect 
the tax with the same power as if not removed. 

Sec. 25. Any sale of real or iDersonal estate or of 
any interest therein, liable for the payment of taxes 
by the provisions of this chaj)ter, may be adjourned 
from time to time. 

Sec. 26. The collector of any tax may recover the 
amount thereof in an action of the case against the 
person taxed, and in the declaration it shall be suffi- 
cient to set forth that the action is to recover a speci- 
fied sum of money, being a tax assessed against the 
defendant, specifying the town in which said tax was 
assessed and the time of ordering and assessing the 
same. 

Sec. 27. If judgment be rendered in favor of the 
<3ollector, he shall have an allowance for his reason- 
able trouble in attending to the suit, to be taxed by 
the court in the bill of costs, and execution shall 
issue against the real and personal estate of the de- 
fendant, and the levy of the execution upon any real 
■estate, upon which a lien for such tax is created by 
this chapter, shall be deemed to relate back, and take 
effect from the time of commencement of such lien. 

3* 



30 SCHOOL MANUAL. 

Sec. 28. If any person legallj^ taxed shall be out 
of the state, or depart therefrom, leaving no property 
liable for the tax, the collector may sammon the 
attorney, agent, factor, trustee or debtor of such per- 
son before the district court of the district in which 
the town where the tax is assessed is situated, to de- 
clare on oath how much property, if any, of such ab- 
sent person, he has in his possession ; and if he has 
sufficient property he shall forthwith paj^ such tax 
and charges, or deliver to the collector sufficient pro- 
perty therefor. 

Sec. 29. If any person so summoned shall neglect 
to appear, or refuse to make oath, or having made 
oath shall refuse to pay such tax and charges, or to 
deliver to the collector sufficient property therefor, 
if such he has, such district court shall forthwith 
grant to the collector a warrant of distress against 
the pro]3er goods and chattels of such person so sum- 
moned, and the collector may distrain and sell the 
same wherever found, or so much thereof as will pay 
the tax and all interest and expenses, in manner pro- 
vided hy this chapter ; and said district court shall 
have jurisdiction in the jjremises, although the 
amount involved shall exceed three hundred dollars. 

Sec. 34. All warrants for the collecting of taxes 
shall continue in force until the whole tax is collected, 
notwithstanding the time appointed for collecting the 
tax, or the year of office, may have expired, and not- 
withstanding the collector may have paid the tax 
into the town treasurj^ 

Sec. 35. Every collector shall have the same right 
to require the aid or assistance of the persons pres- 
ent, in the performance of his duty, which a sheriff 
now has by law. 



LAWS RELATING TO PUBLIC INSTEUCTION. 31 

CHAPTER 50. 
General Provisions Concerning Taxes. 

Section ; Section 

1. Towns may provide for deduc- 3. Town taxes to have preference, 

tion, if tax is paid; and impose in cases of insolvency, 

percentage, if tax is not paid. 4. Compensation of assessors, 

2. Officers neglecting to perform I town clerks and collectors. 

duties required of them, lia- I 5. School district taxes, 
ble to be indicted. 1 

Section 1. Any town may provide for such de- 
duction from the tax assessed against any person, if 
paid by an appointed time, or for sucli penalties by 
way of percentage on a tax, if not paid at the time 
appointed, not exceeding twelve per centum j)er an- 
num, as they shall deem necessary to insure punctual 
payment. 

Sec. 2. Every officer who shall neglect or refuse 
to perform any duty imposed on him in this title, or 
who shall not comply with the provisions thereof, 
or who shall in any wise knowingl}' violate any pro- 
visions thereof, shall be imprisoned not exceeding one 
year or be fined not exceeding five hundred dollars, 
which fine, in case it be a state tax, shall be ]3aid in- 
to the state treasur}^, or if a town tax, into the town 
treasur}^, or if a school district tax, into the school 
district treasury, or if a fire cor]3oration tax, into the 
fire corporation treasury. 

Sec. 3. Whenever any person shall become in- 
solvent, or die insolvent, town taxes due from him or 
his estate shall have preference, after debts or taxes 
due the United States and this state, over all other 
debts or demands, save those due for necessary 
funeral charges, and for attendance and medicine 
during his last sickness. 



32 



SCHOOL MANUAL. 



Sec. 4. Assessors shall receive such compensation 
as the town shall allow ; town clerks shall be jjaid 
for copying tax bills as for other copies ; and col- 
lectors shall be paid for collecting at the rate of five 
per centum, unless they shall have agreed with the 
town for a less sum ; which fees shall be paid out of 
the town treasury. In case of distraint of personal 
XDroperty, or levy on land, the collector shall have the 
same fees as sheriffs have in similar cases. 

Sec. 5. The provisions of this title shall apply to 
all school district taxes, so far as they may be appli- 
cable. 



TITLE IX. 



OF PUBLIC INSTRUCTION. 



Chapter 51. Of the board of education. 

•Chapter 52. Of the commissioner of public schools. 

Chapter 53. Of the appropriation for public schools. 

Chapter 54. Of the powers and duties of towns and of the town treasurer 

and town clerk relative to public schools. 

•Chapter 55. Of the powers of school districts. 

Chapter 56. Of district meetings. 

Chapter 57. Of joint school districts. 

Chapter 58. Of the levy of district taxes. 

Chapter ,59. Of the trustees of school districts. 

Chapter 60. Of the powers and duties of school committees. 

Chapter 61. Of teachers. 

Chapter 62. Of legal proceedings relating to public schools. 

Chapter 63. Of the normal school, teachers' institutes and lectures. 

Chapter 64. Of truant children and of the attendance of children in the 

public schools. 

Chapter 65. General provisions relating to public schools. 

Chapter 66. Of the Rhode Island college of agriculture and mechanic arts. 

Chapter 67. Of state beneficiaries at the Rhode Island school of design. 

Chapter 68. Of factory inspection. 



LAWS RELATING TO PUBLIC INSTEUCTION. 33 

CHAPTER 51. 

Of the Board of Education. 

Section ! Section 

1. Board of education, how con- 8. Payments, how to be made. 

stituted, and duties of. 9. Annual reports to be made to 



2. How divided, and term of office 

of members. 

3. Vacancies, how filled. 

4. Officers of the board. 

5. To hold quarterly meetings, and 



the board, by officers of 
schools receiving state aid. 

10. Private schools to be regis- 

tered. 

11. Board to furnish forms for re- 



prescribe rules. turns under preceding two 



Appropriation for free public 

libraries. 
Board to prescribe conditions 

on which libraries may re- 



sections. 

12. Chapter 86 unaffected. 

13. Board to report annually. 

14. Travelling expenses of the 



ceive aid. board to be paid, and how. 

Section 1. The general supervision and control 
of the public schools of the state, with such high 
schools, normal schools and normal institutes, as are 
or may be established and maintained wholly or in 
part by the state, shall be vested in a state board of 
education, which shall consist of the governor and 
the lieutenant-governor, as members by virtue of 
their office, and of one other member from each of 
the counties of the state, with the exception of Provi- 
dence count}', which shall have two other members. 
The board of education shall elect the commissioner 
of public schools. 

Sec. 2. The members of the board of education 
shall continue to be divided into three classes, and to 
hold their offices until the terms for which the}^ were 
respectively elected shall have expired. 

Sec. 3. Two members of the board of education 
shall be elected annually at the May session of the 
general assembly, in grand committee, from the 



34 SCHOOL MANUAL. 

counties in which vacancies shall occur in said board, 
who shall hold office for three years, and nntil their 
successors shall have been elected and qualified ; 
vacancies in said board shall be filled for any unex- 
pired term by an election from the county for which 
the member whose office is vacant was elected, in the 
same manner, at any session of the general assem- 
bly. 

Sec. 4. The governor shall be president, and the 
commissioner of public schools shall be secretary of 
the board of education. 

Sec. 5. The board of education shall hold quar- 
terly meetings in the first Aveeli of March, June, 
September and December of each year, at the office 
of the commissioner of public schools, and maj^ hold 
special meetings at the call of the president or secre- 
tary. They shall prescribe, and cause to be enforced, 
all rules and regulations necessary for carrying into 
effect the laws in relation to public schools. 

Sec. 6. The board of education may cause to be 
paid annually to and for the use of each free public 
library established and maintained in the state, and 
to be expended in the i)urchase of books therefor, a 
sum not exceeding fifty dollars for the first five hun- 
dred volumes included in such librarj', and twentj^- 
five dollars for every additional five hundred volumes 
therein : Provided, that the annual payment for the 
benefit of any one such librarj^ shall not exceed the 
sum of five hundred dollars. 

Sec. 7. The board of education shall from time to 
time establish rules prescribing the character of the 
books which shall constitute such a library as will be 



LAWS RELATING TO PUBLIC INSTRUCTION. 35 

entitled to the benefits conferred by the preceding 
section, regulating the management of such library 
so as to secure the free use of the same to the people 
of the town and neighborhood in which it shall be 
established, and directing the mode in which the sums 
paid in pursuance of this chapter shall be expended. 
No library shall receive any benefit under the fore- 
going provisions, unless such rules shall have been 
complied with by those in charge thereof, nor until 
they shall have furnished to said board satisfactory 
evidence of the number and character of the books 
contained in said librarj^ 

Sec. 8. Every pajnnent herein authorized shall be 
made by the general treasurer upon the order of the 
commissioner of public schools, approved by the 
board of education, and payable to the librarian or 
other person having charge of such library or of the 
funds applied to its support designated by said 
board. 

Sec. 9. The trustees, officers, or persons in charge 
of all schools and educational institutions supported 
wholly or in part by this state, whether entirely 
devoted to education or only partially so, shall make 
a report annually in the month of July to the state 
board of education, of such facts as shall show the 
number of pupils and instructors, the courses of 
study, the cost of maintenance, and general needs 
and conditions of the school or institution. 

Sec. 10. All private schools or institutions of 
learning in this state shall be registered at the office 
of the state board of education, said registry showing 
location, name, officers or persons in charge, grade of 



36 



SCHOOL MANUAL. 



instruction, and common languao'e used in teaching. 
They shall also make a report annually in the month 
of July, to the state board of education, showing the 
number of different pupils enrolled, the average at- 
tendance, and the number of teachers employed. 

Sec. 11. The board shall provide registers for all 
such schools and institutions, and shall prepare blank 
forms of inquiry for the facts called for in the two 
sections next xDreceding, and in doing so shall have 
special reference to the requirements of the bureau 
of education at Washington. 

Sec. 12. Nothing in the three sections next pre- 
ceding shall be so construed as to repeal, affect, or 
modify the provisions of chapter eighty-six. 

Sec. 13. The board of education shall make an 
annual report to the general assembly at the 
adjourned session at Providence. 

Sec. 14. The members of said board shall receive 
no compensation for their services, but the general 
treasurer shall pay, u^Don the order of the state 
auditor, the necessary expenses of the members,, 
when attending the meetings of tlie board, or when 
traveling on official business within the state, after 
the bills have been approved by the general assembly. 



CHAPTER 52. 
Of the Commissioner of Public Schools. 



Section 

1. Commissioner, how elected. 

2. May employ a clerk. 

3. Duties of the commissioner. 

4. To secure uniformity of text- 

books. 



Section 

5. To prepare and distribute pro- 

gramme for Arbor Day. 

6. To report to the general assem- 

bly. 



LAAYS RELATING TO PUBLIC INSTRUCTION. 37 

Section 1. There shall be annually elected a 
commissioner of public schools in the manner pre- 
scribed in the preceding chapter, who shall devote 
his time exclusively to the duties of his office. In 
case of sickness, temporary absence, or other disa- 
bility, the governor may appoint a person to act as 
commissioner during such absence, sickness or disa- 
bility. 

Sec. 2. He maj^ employ a clerk to assist in the 
duties of his office. 

Sec. 3. The commissioner of public schools shall 
visit, as often as practicable, every school district in 
the state, for the purpose of inspecting the schools, 
and diffusing as widely as possible, b}^ public addresses 
and personal communications with school officers, 
teachers and X3arents, a knowledge of the defects, and 
of anj^ desirable improvements, in the administration 
of the system and the government and instruction of 
the schools. 

Sec. 4. He shall, under the direction of the board 
of education, recommend and bring about, as far as 
practicable, a uniformitj' of text-books in the schools 
of all the towns ; and shall assist in the establishment 
of, and selection of books for, school libraries. 

Sec. 5. The commissioner of j)ublic schools shall 
prepare each year a i)rogramme of exercises suitable 
for the observance of Arbor Day, and shall distribute 
the same among all of the public schools of the state 
at least four weeks previous to said day. 

Sec. 6. He shall annually, in December, make a 

4 



38 SCHOOL MANUAL. 

report to the board of education, upon the state and 
condition of the schools and of education, with plans- 
and suggestions for the improvement of said schools. 



CHAPTER 53. 
Of the Appropriation for Public Schools. 



Section 

1 . Appropriation from treasury to 

be paid annually. 

2. How apportioned. 



Section 
7, 8. Appropriation for reference 
books and illustrative appara- 
tus. How apportioned. 



3. How expended. i 9. Of future apportionments in 

4. Conditions upon which towns i case applications exceed the 

shall receive their proportion. ; amount of appropriation. 

5. Forfeiture of town's propor- | 10. Evening schools. 

tion, when. 

6. Orders on the general treas- 

urer. 

Section 1. The sum of one hundred and twenty 
thousand dollars shall be annually i3aid out of the 
income of the permanent school fund, and from other 
money in the treasury, for the support of public 
schools in the several towns, on the order of the com- 
missioner of public schools. 

Sec. 2. This sum of one hundred and twenty 
thousand dollars shall be apportioned by the com- 
missioner of ijublic schools among the several towns, 
as follows : The sum of one hundred dollars shall be 
apportioned for each school, not to exceed fifteen in 
number in any one town ; the remainder shall be 
apportioned in proportion to the number of children 
from five to fifteen years of age, inclusive, in the 
several towns, according to the school census then last 
preceding. 



LAWS ilELATING TO PUBLIC INSTRUCTION. 39 

Sec. 3. The monej^ appropriated from the state 
as aforesaid shall be denominated " teachers' monej^" 
and shall be ai3plied to the wages of teachers, and to 
no othe*' purpose. 

Sec. 4. No town shall receive any part of such 
state appro iDriation, unless it shall raise by tax, for 
the supxDort of ]3ublic schools, a sum equal to the 
amount it may receive from the treasury for the sup- 
X3ort of public schools. 

Sec. o. If any town shall neglect or refuse to raise 
or appropriate the sum required in the i3receding sec- 
tion, on or before the first day of Jul}^, in a^iiy year, 
its proportion of the public money shall be forfeited, 
and tlie general treasurer, on being informed thereof 
in writing by the commissioner of public schools, shall 
add it to the permanent school fund. 

Sec. 6. The commissioner of public schools shall 
draw orders on the general treasurer for their propor- 
tion of the approx3riation for public schools, in favor 
of all such towns as shall on or before the first day 
of Jul}' annually comjDly with the conditions of sec- 
tion four of this chapter. 

Sec. 7. The sum of three thousand dollars shall 
be annually appropriated for the purchase of diction- 
aries, encyclojDedias and other works of reference, 
maps, globes and other apparatus, for the use of the 
public schools of the state. 

Sec. 8. Said sum of three thousand dollars shall 
be apportioned among the several towns and districts 
as follows : Every town or district desiring to avail 
itself of this appropriation shall make application 



40 SCHOOL MANUAL. 

therefor to the commissioner of public schools, stat- 
ing the amount that has been raised or ai^iDropriated 
for the same purpose by the town or district. Upon 
the receipt of said ajjplication and vouchers for the 
amount actuall}^ expended, the commissioner of pub- 
lic schools maj^ draw his order on the general treasur- 
er in favor of said applicant for half of the amount 
of said vouchers, to an amount not to exceed twent}^ 
dollars in any one j^ear, in favor of any district, or, 
in case of anj^ town not divided into districts, at the 
rate of not more than ten dollars for each school, to 
an amount not to exceed two hundred dollars in any 
one yBar : Provided, that the gross amount in any 
one fiscal year shall not exceed three thousand dol- 
lars. 

Sec. 9. In case the number and amount of appli- 
cations in an}^ one fiscal year shall exceed the limit 
of the aj)propriation, the commissioner of iDublic 
schools shall record the date of each application, and 
in the apportionment for the following year such re- 
corded applications shall have the preference in the 
order of their dates. 

Sec. 10. There shall be an annual appropriation 
for the support and maintenance of evening schools 
in the several towns of this state, under the general 
supervision of the state board of education, who shall 
apportion said apx^ropriation annually among the sev- 
eral towns and draw orders therefor on the general 
treasurer. 



LA>YS RELATING TO PUBLIC INSTRUCTION. 



41 



CHAPTER 54. 

Of the Powers and Duties of Towns and of the Town 

Treasurer and Toivn Clerk Relative to 

Public Schools. 



■Sectiox 

1. Towns to maintain schools with 

or without districts. 

2. Towns may be divided into dis- 

tricts. 

3. Schoolhouses, how to be pro- 

vided. 

4. Towns may abolish school dis- 

tricts. 

5. Powers and liabilities of discon- 

tinued district. 

6. Control of public schools to 

then vest in school com- 
mittee. 

7. School committee, how and 

when chosen. 

8. Superintendent, how appoint- 

ed, his duties and compen- 
sation. 



Section 

9. ToMTi treasurer to receive 
and keep account of school 
money. 

10. To submit statement of school 

money to committee. 

11. To transmit statement of 

money raised and paid out, to 
commissioner. 

12. Town clerk to record bound- 

aries of districts, and dis- 
tribute school documents. 

13. Annual census of children of 

school age to be taken. 

14. Blanks, by whom provided, 

and to call for what infor- 
mation. 

15. Census returns, how arranged 

and disposed of. 



Section 1. Every town shall establish and main- 
tain, with or without forming districts, a sufficient 
number of public schools, at convenient places, un- 
der the management of the school committee, subject 
to the supervision of the commissioner of public 
schools as provided by this title. 

Sec. 2. Any town may be divided by a vote thereof 
into school districts. 

Sec. 3. Any town may vote, in a meeting notified 
for that purpose, to provide schoolhouses, together 
with the necessary fixtures and appendages thereof, 
in all the districts, if there be districts, at the com- 

4* 



-42 SCHOOL MANUAL. 

mon expense of the town : Provided, that if any 
district shall provide, at its own expense, a school- 
house approved by the school committee, such dis- 
trict shall not be liable to be taxed by the town to 
provide or repair schoolhouses for the other dis- 
tricts. 

Sec. 4. Any town may at any town meeting, or 
at district meetings for the election of town officers, 
the subject having been duly inserted in the warrant 
for said meeting or meetings, abolish all of the school 
-districts therein ; and forthwith all title and interest 
in all of the schoolhouses, land, furniture, apparatus 
and other propert}^ which w'as vested in the several 
districts shall be vested in the town. The property 
so taken by the town shall be appraised by a com- 
mission of three disinterested persons to be appointed 
=by the common pleas division of the supreme court 
in the county in which such town is situated, and, at 
the next annual assessment of taxes thereafter, a tax 
shall be levied upon the whole town equal to the 
amount of said api3raisal ; and there shall be re- 
mitted to the taxxDayers of each district their propor- 
tional share of the apxDraised value of the school 
property in such district : Provided, that if any dis- 
trict be in debt, and said debt be assumed by the 
town, the amount of said debt shall be deducted from 
the whole amount to be remitted to the taxpayers of 
said district. If, however, the parties in interest pre- 
fer, the differences in the value of the propertj^ of 
the several districts maybe adjusted in such manner 
as they may agree upon. 

Sec. 0. Upon the abolition or discontinuance of 



LAAVS EELx\TING TO PUBLIC INSTRUCTION. 43 

any district, its corporate powers and liabilities shall 
continue and remain so far as may be necessary for 
the enforcement of its rights and duties. 

Sec. 6. When a town shall abolish the school dis- 
tricts therein, the entire control, management and 
care of all the public school interests of the town 
shall be vested in the school committee of that town, 
and the number of the school committee in any town 
abolishing the district system may be, by vote of the 
town, increased to a number not exceeding seven. 

Sec. 7. The school committee of each town shall 
consist of three residents of the town, or of such 
number as at the present time constitute the commit- 
tee, and they shall be divided as equallj^ as may be 
into three classes, whose several terms of office shall 
expire at the end of three years from the dates of 
their respective elections ; and in the case of the first 
election of a school committee under this chapter, 
the terms of office of the three classes shall be re- 
spectively one year, two years and three j^ears ; the 
classes and their terms of office to be determined by 
lot by the committee at their first meeting after their 
election. As the office of each class shall become va- 
» cant, such vacancy or vacancies shall be filled by the 
town at its annual town meeting for the election of 
state or town officers, or by the town council at Its 
next meeting thereafter. In case of a vacancy by 
death, resignation, or otherwise than as is above pro- 
vided, such vacancy shall be filled by the town coun- 
cil until the next annual town meeting for state or 
town officers, when it shall be filled for the unexpired 
term thereof as is above provided. 



44 SCHOOL MANUAL. 

Sec. 8. The school committee of each town shall 
«lect a superintendent of the public schools of the 
town, to perform, under the advice and direction of 
the committee, such duties, and to exercise such pow- 
ers, as the committee shall assign him, and to receive 
such comjiensation out of the town treasury as the 
town shall vote. Said superintendent shall be elected 
at the first regular meeting of the school committee 
succeeding the annnal election of school committee ; 
but the committee shall have power to fill a vacancy 
at au}^ meeting dulj^ called. 

Sec. 9. The town treasurer shall receive the money 
<lue the town from the state for public schools, and 
shall keep a separate account of all monej^ appropri- 
ated bj^ the state or town or otherwise for public 
schools in the town, and shall pay the same to the 
order of the school committee, and he shall credit the 
IDublic school account, on the first Monday of Maj^ in 
-each year, with the total amount of money received 
by him for poll taxes during the yenr ending the 
thirtieth day of April last preceding. 

Sec. 10. The town treasurer shall, before the first 
day of Jul}^ in each year, submit to the school com- 
mittee a statement of all moneys applicable to the 
support of public schools for the current school year, 
specif jdug the sources of the same. 

Sec. 1 1. The town treasurer shall, on or before the 
first day of July, annually, transmit to the commis- 
sioner of i3ublic schools a certificate of the amount 
which the town has voted to raise by tax for the sup- 
I)ort of public schools for the current j^ear ; and also 
a statement of the amount paid out to the order of 



LAAYS RELATING TO PUBLIC INSTRUCTION. 45 

tlie school committee, and from what sources it was 
derived, for the year ending the tliirtieth day of April 
next preceding ; and until such return is made to the 
commissioner, he may, in his discretion, withhold the 
order for the mone}^ in the state treasurj^ belonging 
to such tow^n. 

Sec. 12. The town clerk shall record the bounda- 
ries of school districts and all alterations thereof in a 
book to be kept for that i3urpose, and shall distribute 
such school documents and blanks as shall be sent to 
him, to the x^ersons for whom they are intended. 

Sec. 13. The town clerks, or some person whom 
the board of aldermen of an}^ city, or the town coun- 
cil of any town, shall ax3point for the purpose, shall 
annually, in the month of January, take or cause to 
be taken a census of all persons between the ages of 
five and fifteen years, inclusive, residing w^ithin the 
limits of their resxDective towns on the first day of 
said Januar}^ 

Sec. 14. The blank forms required to carry out 
the requirements of the preceding section shall be 
furnished b}^ the commissioner of i)ublic schools to 
each town on or before the first day of December in 
each year, and the}' shall call in substance for the fol- 
lowing information, nameh-, the name, age, number 
of weeks' attendance ux)on any school, ]3arents' name 
and residence, of each person enumerated ; and if 
any x)arent or guardian shall refuse to give the above 
information in regard to his children or wards, or 
shall knowingi}^ and wilfully falsify such informa- 
tion, he shall be fined not exceeding twenty dollars. 



46 SCHOOL MANUAL. 

Sec. 15. The returns of said census shall be al- 
j)liabetically arranged and deposited in the hands of 
the school committees of the several towns on or be- 
fore the first day of March in each yea-r ; and the re- 
ceipt of the chairman or clerk of the school commit- 
tee to the effect that the above returns have been so 
received bj^ him shall be forwarded to the commis- 
sioner of public schools before he shall draw his order 
for the payment of any portion of the jpublic money 
to that town. 



CHAPTER 55. 

Of the Powers of School Districts. 

•Section i Section 

1. School districts are bodies cor- i 7. District taxes, how collected- 
porate. - 8. Town collector may collect. 



2. Powers of school districts. 

3. District may build and repair 

schoolhouses. 

4. May raise money by tax. 

5. Officers of the district. 

6. Powers and duties of district 

officers. 



9. Districts neglecting to organ- 
ize, committee may establish 
the school. 

10. District may devolve its duties 
and powers on the com" 
mittee. 



Section 1. Everj^ school district shall be a body 
■corporate, and shall be known by its number or 
other suitable designation. 

Sec. 2. Every school district may prosecute and 
■defend in all actions in which said district or its 
officers are parties, may purchase, receive, hold and 
convej^, real or personal property for school puri30ses, 
^nd maj^ establish and maintain a school librarj^ 

Sec. 3. Every such district may build, purchase, 
hire and repair schoolhouses, and supply the same 



LAWS RELATING TO PUBLIC INSTRUCTION. 47 

with blackboards, maps, furniture and other neces- 
sary and nsefnl appendages, and may insure the 
house and appendages against damage by fire : Pro- 
vided, that the erection and repairs of the school- 
house shall be made according to the plans approved 
by the school committee or, on appeal, by the com- 
missioner of public schools. 

Sec. Jr. Everj^ such district may raise money by 
tax on the ratable property of the district, to support 
public schools, and to carry out the powers given 
them by any of the provisions of this title : Provided^. 
that the amount of the tax shall be approved by the 
school committee of the town. 

Sec. 0. Every such district shall annually elect a 
moderator, a clerk, a treasurer, a collector and either 
one or three trustees, as the district shall decide, and 
may fill vacancies in either of said offices at any 
legal meeting. The moderator may administer the 
oath of office to all the other officers of the school 
district. 

Sec. 6. The clerk, collector and treasurer, within 
their respective school districts, shall have the like 
power, and shall i3erform like duties, as the clerk, col- 
lector and treasurer of a town ; but the clerk, collect- 
or and treasurer need not give bond, unless required 
by the district. 

Sec. 7. All district taxes shall be collected by the 
district or town collector, in the same manner as town 
taxes are collected. 

Sec. 8. Any district may vote to place the collec- 
tion of any district tax in the hands of the collector 



48 SCHOOL MANUAL. 

of town taxes, who shall thereupon be fully author- 
ized to proceed and collect the same, upon giving" 
bond therefor to the district satisfactory to the school 
committee. 

Sec. 9. If any school district shall neglect to or- 
ganize, or, if organized, shall for any space of six 
months neglect to establish a school and emploj^ a 
teacher, the school committee of the town may them- 
selves or b}' an agent establish a school in the dis- 
trict schoolhouse, or elsewhere in the district, in their 
discretion, and employ a teacher. 

Sec. 10. Any district may, with the consent of the 
school committee, devolve all tlie powers and duties 
relating to public schools in the district on the school 
committee. 



CHAPTER 56. 
Of District 3Ieetings. 

Section 1 Section 



1, Meetings, notice of, how and 

by whom to be given. 

2. Annual meeting, when held. 



5. Notice of time and place, how 

to be given. 

6. Qualification of voters. 



3. Special meetings, how called, j 7. Clerk to record names of voters 

4. District meeting, where held. ' on request. 

Section 1. N^otice of the time, place and object of 
holding the first meeting of a district for organization 
or for a meeting, either annual or special, to choose 
officers or to transact Siny other business, shall be 
given by the trustees or, in case of the death, re- 
moval, resignation or disability of the trustees, bj" the 
clerk of the district ; in case there be no trustee or 



LAWS RELATING TO PUBLIC INSTRUCTION. 49 

clerk aLithorized to call a meeting such notice shall 
be given by the school committee of the town. 

Sec. 2. Every school district when organized, 
shall hold an annual meeting in the month of April 
of each year for choice of officers and for the trans- 
action of any other business relating to schools. 

Sec. 3. The trustees or, in case of the death, re- 
moval, resignation or disability of the trustees, the 
clerk may call a special meeting for election or other 
business at any time, and shall call one to be held 
within seven days on the written request of any five 
qualified electors stating the object for which they 
wish it called ; and if the trustees or clerk, as above 
provided, neglect or refuse to call a special meeting 
when so requested, the school committee may call it 
and fix the time therefor : Provided, that no special 
district meeting shall be called without the consent of 
the school committee, to consider any subject which 
shall have been acted on by the district at any time 
Avithin six months previous to the time of such pro- 
posed meeting. 

Sec. 4. District meetings shall be held in the 
schoolhouse, unless otherwise ordered by the district. 
If there be no schoolhouse or place appointed by the 
district for its meetings, the trustee or, in case of the 
death, removal, resignation or disability of the trus- 
tees, the clerk, and, if there be no trustees or clerk, 
the school committee, shall determine the place, 
which shall always be within the district. 

Sec. 5. Notice of the time and place of every 
annual meeting, and of the time, place and object of 



50 



SCHOOL MANUAL. 



every special meeting, shall be given, either by 
publishing the same in a newspaper published in the 
district, or by posting the same in two or more i3ublic 
places in the district for iive days before holding the 
same. 

Sec. 6. Every x3erson residing in the district may 
vote in district meetings to the same extent and with 
the same restrictions as he might at the time vote in 
town meeting ; but no person shall vote upon any 
question of taxation of property", or expending money 
raised thereby, unless he shall have paid or be liable 
to i3ay, a j)ortion of the tax. 

Sec. 7. The clerk of the district shall record the 
number and names of the persons voting, and on 
which side of the cxuestion, at the request of an3^ 
qualified voter. 



CHAPTER 57. 



Of Joint School Districts. 



Section 

1. Adjoining- districts may estab- 

lish advanced school. 

2. Svich districts to constitute a 

district as to such school. 

3. Organization. 

4. Public mone5% how drawn. 

5. Adjoining districts in the same 

town may consolidate. 

6. To receive public money as if 

not united. 

7. Organization. 

8. Adjoining districts, or parts, 



Section 

in adjoining towns may be 
formed into joint districts,, 
and discontinued. 
9. Organization. 

10. Powers of such joint district. 

11. Public money to be apportioned. 

12. Corporate property, how owned. 

13. Apportionment, when district 

is divided. 

14. Payment, when, by part of a 

district added to district. 



Section 1. Any two or more adjoining school 
districts in the same or adjoining towns may, by a 



LAWS RELATING TO PUBLIC INSTRUCTION. 51 

concurrent vote, establish a school for the older and 
more advanced children of such districts. 

Sec. 2. Such associating districts shall constitute 
a school district for the purposes of providing a 
schoolhouse, fuel, furniture and apparatus, and for 
the election of a board of trustees, to consist of one 
member from each district so associating, and for 
levying a tax for school purjposes, with all the rights 
and ]3rivileges of a school district, so far as such 
school is concerned. 

Sec. 3. The time and ]3lace for the meeting for 
organization of such associate district may be fixed 
by the school committees, and any one or more of the 
associating districts may delegate to the trustees of 
such school the care and management of its X3rimary 
school. 

Sec. 4. The school committee of the town or 
towns in Avhich such school shall be established, shall 
draw an order in favor of the trustees of such school, 
to be paid out of the public money appropriated to 
each district interested in such school, in proiDortion 
to the number of scholars from each. 

Sec. 5. Any two or more adjoining school dis- 
tricts in the same town maj^, by concurrent vote, with 
the apiDrobation of the school committee, unite and 
be consolidated into one district for the purpose of 
supporting public schools, and such consolidated dis- 
trict shall have all the powers of a single district. 

Sec. 6. Such consolidated district shall be entitled 
to receive the same proportion of public money as 
such districts would receive if not united. 



52 SCHOOL MANUAL. 

Sec. 7. The mode of organizing such consolidated 
district and calling the first meeting thereof shall be 
regulated or prescribed by the school committee, and 
notice thereof given as prescribed in section five of 
chapter fifty-six. 

Sec. 8. Two or more adjoining districts, or parts 
of districts, in adjoining towns may be formed into a 
joint school district by the school committees of such 
towns concurring therein ; and all joint districts 
which have been or shall be formed may by them be 
altered or discontinued. 

Sec. 9. The meeting for organization of such joint 
district shall be called by the school committees of 
such towns, and notice thereof shall be given as pre- 
scribed in section five of chapter fifty-six. 

Sec. 10. Such joint district shall have all the 
powers of a single school district, and shall be regu- 
lated in the same manner, and shall be subject to the 
supervision and management of the school committee 
of the town in which the school is located. 

Sec. 11. A whole district making a i3ortion of 
such joint district shall be entitled to its proportion 
of public monej^, in the same manner as if it had 
remained a single district ; and whenever part of a 
district is taken to form a portion of such joint 
district, the school committee of the town of which 
such district is a part shall assign to it its reasonable 
proportion. 

Sec. 12. Whenever any two or more districts 
shall be consolidated, the new district shall own all 
the corporate property of the several districts. 



LA^YS KELATING TO PUBLIC INSTRUCTION. 53 

Sec. 13. Whenever a district is divided and a por- 
tion taken from it, the funds and property, or the in- 
come and proceeds thereof, shall be divided among 
the several parts in such manner as the school com- 
mittee of the town or towns to which the districts be- 
long may determine. 

Sec. 14. Whenever a part of one district is added 
to another district or part of a district owning a 
schoolhonse or other property, such part shall pay to 
the district or part of a district to which it is added, 
if demanded, such sum as the school committee may 
determine, towards paying for such schoolhouse and 
other property. 



CHAPTER 58. 
Of the Levy of District Taxes. 

Section- . Section 

1. District taxes, how levied, | 6. Abatement of taxes, when and 

2. Town assessors to assess value ; how made. 

of property in what cases. I 7. Schoolhouse taxes and expen- 

3. Xotice of assessment. ses by joint districts, by whom 

4. Commissioner in certain cases ; to be approved. 

may order assessment. ■ 8. Assessment of taxes in joint or 

5. Errors in assessment, how cor- j associated districts. 

rected. I 

Section 1. District taxes shall be levied on the 
ratable property of the district, according to its value 
in the town assessment then last made, unless the dis- 
trict shall direct such taxes to be levied according to 
the next town assessment ; and no notice thereof 
shall be required to be given by the trustees. 

Sec. 2. The trustees of any school district, if un- 

5* 



54 SCHOOL MANUAL. 

able to agree with the parties interested with regard 
to the valuation of any property in such district, shall 
call uxDon one or more of the town assessors not in- 
terested, and not residing in the district, to assess the 
value of such property so situated, in the following 
cases, namely : Whenever any real estate in the dis- 
trict is assessed in the town tax bill with real estate 
out of the district, so that there is no distinct or sep- 
arate value upon it ; whenever any person possessing 
personal property shall remove into the district after 
the last town assessment ; whenever a division and 
apportionment of a tax shall become necessary bj^ 
reason of the death of any person, or the sale of such 
property ; whenever a jjerson has invested personal 
proi:)erty in real estate and shall call upon the trus- 
tees to place a value thereon ; and w^henever property 
shall have been omitted in the town valuation. 

Sec. 3. The assessors shall give notice of such 
assessment by posting up notices thereof for ten daj^s 
next prior to such assessment in three public places 
in the district ; and after notice is given as aforesaid, 
no iDerson neglecting to apiDcar before the assessors 
shall have any remedy for being overtaxed. 

Sec. 4. If a district tax shall be voted, assessed 
and approved of, and a contract legally entered into 
under it, or such contract be legally entered into 
without such vote, assessment, or approval, and said 
district shall thereafter neglect or refuse to iDroceed 
to assess and collect a tax sufficient to fulfill such 
contract, the commissioner of public schools, after 
notice to and hearing of the parties, irslj appoint 
assessors to assess a tax for that purpose, and may 



LAAYS RELATING TO PUBLIC INSTRUCTION. 55 

issue a warrant to the collector of the district, or to 
a collector by him appointed, authorizing and requir- 
ing him to proceed and collect such tax. 

Sec. 5. Errors in assessing a tax may be corrected, 
or the tax re-assessed, in such manner as may be di- 
rected or api^roved hj the commissioner of public 
schools. 

Sec. 6. Whenever any person who has paid a tax 
for building or repairing a schoolhouse in one dis- 
trict shall, by alteration of the boundaries thereof, 
become liable to pay a tax in any other district, if 
such XDcrson cannot agree with the district, such 
abatement of the tax may be made as the school 
committee, or in case of a district composed from 
different towns, as the commissioner of public schools, 
may deem just and proper. 

Sec. 7. Whenever a joint district shall vote to 
build or repair a schoolhouse b}' tax, the amount of 
the tax and the i)lan and specifications of the build- 
ing and repairs shall be apx^roved by the school com- 
mittees of the several towns, or, in case of their dis- 
agreement, by the commissioner of public schools. 

Sec. 8. In case of assessing a tax by a joint or 
associate district, if the town assessments be made 
on different i3rinciples, or the relative value be not 
the same, the relative value and proportion shall be 
ascertained by one or more persons, to be appointed 
bj^ the commissioner of public schools, and the assess- 
ment shall be made accordingly^ 



56 



SCHOOL MANUAL. 



CHAPTER 59. 



Of the Trustees of School Districts. 



■Section 



1. 



Ti"ustees to have charge of the 
school property, and to em- 
ploy teachers. 

To provide school facilities, visit 
the schools, and report. 

To furnish bookcases. 

To make out tax bills and issue 
tax warrants. 

To make returns to school com- 
mittee. 

The trustees to receive no com- 
pensation out of the school 
moneys for their services. 



Section 

7. May admit scholars from with- 

out the town or state, when. 

8. School committee, similarly em- 

powered, if town is not di- 
vided into districts. 

9. Disposition of money received 

for tuition. 
10. Attendance of scholars from 
without the district, where 
reckoned. 



Section 1. The trustees of school districts shall 
have the custody of the schoolhouse and other dis- 
trict iDroperty, and shall employ one or more qualified 
teachers for every fifty scholars in average daily 
attendance. 

Sec. 2. The trustees shall provide schoolrooms 
and fuel, and shall visit the schools twice at least 
during each term, and notify the committee or super- 
intendent of the time of opening and closing the 
schools. 

Sec. 3. The trustees shall provide a suitable 
cabinet or bookcase in each schoolroom, for tlie re- 
ception and care of such text-books and school sui3- 
plies as may be furnished by the school committee. 

Sec. 4. The trustees shall make out the tax bill 
against the persons liable to pa}^ the same, and 
deliver the same to the collector with a warrant by 



LAWS RELATING TO PUBLIC INSTEUCTION. 57 

tliem signed annexed thereto, requiring him to collect 
and pay over the same to the treasurer of the district. 

Sec. 5. The trustees shall make returns to the 
school committee in manner and form prescribed by 
them or by the commissioner, or as may be required 
by law, and perform, all other lawful acts required of 
them hj the district, or necessary to carry into full 
effect the powers and duties of districts. 

Sec. 6. The trustees shall receive no compen- 
sation for services out of the money received from 
either the state or town apijropriations, nor in any 
way, unless raised by tax by the district. 

Sec. 7. The trustees of any school district msiy 
allow scholars from without the town or the state to 
attend the public schools of such district, on such 
terms as the trustees may determine : Provided, that 
such terms shall be approved by the school com- 
mittee. 

Sec. 8. Whenever a town shall not be divided 
into school districts, or Avhenever public schools shall 
be provided without reference to such division, the 
school committee may exercise the powers provided 
in the preceding section to be exercised by trustees. 

Sec. 9. All monej^s received for tuition as herein- 
before provided shall be paid into the district or 
town treasury, as the case may be, and shall be used 
for school iDurposes only. 

Sec. 10. 1^0 attendance upon the public schools 
authorized by the preceding three sections shall be 
reckoned in determining the average attendance for 



.58 



SCHOOL MANUAL. 



the purpose of regulating the distribution of school 
money ; but such average attendance shall be re- 
turned to the district where such scholars reside, and 
be there reckoned with the average attendance of 
the schools of that district, upon demand by the trus- 
tee thereof. 



CHAPTER 60. 



0/ the Powers and Duties of School Committees. 



^Section 

1. Chairman and clerk.how chosen 

and removed. 

2. Stated meetings, when held. 

3. Committee may alter and dis- 

continue districts. 

4. To locate all schoolhouses. 

5. Land for schoolhouse sites, if 

taken without owners' con- 
sent, how appraised. 

6. Owner of land may petition for 

relief. 

7. Instruction to be given in physi- 

ology and hygiene. 

8. Committee to examine teach- 

ers; and to annul certificates, 
when. 

9. To visit schools, when and how 

often. 

10. To make rules and regulations 

for schools. 

11. May authorize children to at- 

tend school in adjoining town 
or district. 



SECTioisr 

12. May suspend pupils. 

13. Committee to manage schools, 

if town is not divided into 
districts. 

14. Apportionment of the town's 

share of the state school 
money to the districts. 

15. Notice of apportionments to be 

given to trustees. 
16—18. Orders on tovsna treasurer, 
in what cases and on what 
conditions to be given. 

19. Money forfeited or unexpended, 

to be divided. 

20. Annual report of school com- 

mittee. 

21. Expense of printing report, how 

to be paid. 

22. School committee to furnish 

books and supplies. 

23. Change in school books, how 

made. 



Section 1. The school committee of each town 
rshall choose a chairman and clerk, either of whom 
may sign any orders or official papers, and may be 
removed at the pleasure of said committee. 



LAWS RELATING TO PUBLIC INSTRUCTION. 59' 

Sec. 2. The school committee of each town shall 
hold at least four regular meetings in everj^ year, at 
such time and X3lace within the town as the committee 
shall by general order fix and determine. 

Sec. 3. The school committee may alter and dis- 
continue school districts, and shall settle their 
boundaries when undefined or disputed ; but no 
change shall be made in the boundaries of any dis- 
trict except at a meeting, notice of which, with the 
proposed changes, has been posted upon the school- 
houses and sent to the trustees of the districts whose 
boundaries are liable to be affected, for at least five 
days before holding the same ; and no new district 
shall be formed with less than forty children between 
the ages of four and sixteen, unless with the appro- 
bation of the commissioner of public schools ; and 
the clerk of the committee shall transmit to the town 
clerk a certified copy of all votes affecting the bound-^ 
ary lines of the districts immediately on the ]3assage 
thereof. 

Sec. 4. The school committee shall locate all 
schoolhouses, and shall not abandon or change the 
location of any without good cause. 

Sec. 5. In case the school committee shall fix upon 
a location for a schoolhouse in any town or district^ 
or shall determine that the schoolhouse lot ought to 
be enlarged, and the town or district shall have 
passed a vote to erect a schoolhouse, or to enlarge 
the schoolhouse lot, and the committee shall fix upon 
a location for a schoolhouse, and the proprietor of 
the land shall refuse to convey the same, or cannot 



60 SCHOOL MANUAL. 

agree with the town or district for the jprice thereof, 
the school committee of their own motion, or on 
application of the town or district, may appoint three 
disinterested persons, who shall notifj' the parties 
and decide upon the valuation of the land ; and upon 
the tender or payment of the sum so fixed on, to the 
proprietor, the title to the land so fixed on by the 
school committee, not exceeding one acre, shall vest 
in the town or district for the x3urpose of maintain- 
ing thereon a schoolhouse and the necessary append- 
ages thereof. 

Sec. 6. Any person aggrieved thereby may, with- 
in six months after any tender as aforesaid (but not 
after any payment as aforesaid), petition the common 
pleas division of the supreme court in the county 
for such relief in the premises, by way of damages or 
otherwise, as to law and justice shall appertain, in 
the manner and with the same procedure prescribed 
in sections fifteen and sixteen of chapter forty-six in 
the case of petition for relief for over-assessment for 
taxes. 

Sec. 7. The school committee of the several towns 
shall make provision for the instruction of the pupils 
in all schools supported whollj^, or in part, hj public 
money, in physiology and hygiene, with special 
reference to the effect of alcoholic liquors, stimulants 
and narcotics uj)on the human system. 

Sec. 8. The school committee may examine, by 
themselves or by some one or more persons by them 
appointed, every applicant for the situation of 
teacher in the public schools of the town, and may, 
after five days' notice in writing, annul the certificate 



LA^YS RELATING TO PUBLIC INSTRUCTION. 61 

of such as upon examination hy them prove unquali- 
fied, or will not conform to the regulations of the 
committee, and in such case shall give immediate 
notice thereof to the trustee of the district in which 
such teacher is employed. 

Sec. 9. The school committee shall visit, b}^ one 
or more of their number, evevy public school in the 
town at least twice during each term, once Avithin 
two weeks of its opening and once within two weeks 
of its close ; at Avhich visits they shall examine 
the register and matters touching the schoolhouse, 
librar}^, studies, books, discipline, modes of teaching 
and improvement of the school. 

Sec. 10. The school committee shall make and 
cause to be put up in each schoolhouse, rules and 
regulations for the attendance and classification of 
the puiDils, for the introduction and use of text-books 
and works of reference, and for the instruction, 
government and discipline of the public schools, and 
shall prescribe the studies to be pursued therein, 
under the direction of the commissioner of public 
schools. 

Sec. 11. Whenever the school committee of any 
town shall find that it is more convenient or expedi- 
ent for any child residing in said town to attend 
school in an adjoining town or district, said com- 
mittee may arrange with the school authorities of 
such town or disti'ict for the attendance of such child 
at their schools, and may paj' for such tuition out of 
the town appropriation for public schools. The 
amount so paid shall be used for school ]3urposes 
only. 

6 



62 SCHOOL MANUAL. 

Sec. 12. The school committee may suspend dur- 
ing pleasure all pupils found guilty of incorrigibly 
bad conduct or of violation of the school regulations. 

Sec. 13. Where a town is not divided into dis- 
tricts, or shall vote in a meeting duly notified for 
that purpose to iDrovide schools without reference to 
such division, the school committee shall manage and 
regulate said schools, and draw all orders for the 
payment of their expenses. 

Sec. 14. Whenever the public schools are main- 
tained by district organization, the committee shall 
apportion among the districts, equally, according to 
the number of schools maintained in each, the whole 
of the town's proportion of the one hundred and 
twenty thousand dollars received from the state, and 
in addition thereto at least one-fourth as much more 
from the town appropriation for the support of 
public schools ; the remainder of the town appropria- 
tion, and the moneys received from poll and dog 
taxes, from school funds, and from other sources, 
shall be divided into two equal parts, one part to be 
apportioned to the several districts, according to the 
average attendance of the schools therein, for the 
year preceding ; the other part to be apportioned at 
the discretion of the committee : Provided always, 
that the total apportionment for each school shall not 
be less than one hundred and eighty dollars. 

Sec. 15. The school committee shall make the 
apportionment among the several districts as pro- 
vided in the preceding section on or before the first 
Monday of July in each year, and immediately there- 



LAWS RELATING TO PUBLIC INSTRUCTION. 63 

after give notice to the trustees of the amount so 
apportioned to each district. 

Sec. 16. The school committee shall draw an 
order on the town treasurer in favor of such districts 
only as shall have made a return to them in manner 
and form prescribed by them or hj the commissioner 
of public schools, or as may be required by law, from 
which it shall appear that for the year ending on the 
first day of May previous one or more public schools 
have been kept for at least six months by a qualified 
teacher in a schoolhouse approved by the committee 
or commissioner, that the money designated "teachers' 
money," received the year previous, has been applied 
to the wages of teachers and to no other purpose, and 
that the register properly kept has been deposited 
with the committee or with some person by them 
appointed to receive the same. 

Sec. 17. Such orders may be made payable to the 
trustees or their order, or to the district treasurer, or 
teacher ; and if the treasurer receive the money, he 
shall pay it out to the order of the trustees. 

Sec. 18. The school committee shall give no such 
order, until they are satisfied that the services have 
actually been performed for Avhich the money is to be 
paid ; and they shall have power, in case the average 
attendance of any school falls below five, to suspend 
said school in their discretion and to make such other 
provisions as they may deem best for the attendance 
of the children, properly belonging to said school, 
upon some other public school ; but such suspension 
shall not work the forfeiture of the public money to 
any district provided for by section sixteeil of this 



64 SCHOOL MANUAL. 

chapter. The school coinmittee may allow scholars 
residing in one district to attend school in any otlier 
district. 

Sec. 19. At the end of the school year, an}^ money 
appropriated to any district which shall be forfeited 
and the forfeiture not remitted, or which shall remain 
unexpended, shall be divided by the committee among 
the districts the following year. 

Sec. 20, The school committee shall prepare and 
submit annually to the commissioner of public 
schools, on or before the first day of July, a report in 
manner and form by him prescribed ; and until such 
report is made to the commissioner, he may refuse to 
draw his order for the money "in the state treasury 
belonging to such town : Provided, that the necessary 
blank for said rei)ort has been furnished by the com- 
missioner on or before the first day of May next pre- 
ceding ; they shall also prepare and submit annuall}^, 
at the annual town meeting, a report to the town, set- 
ting forth their doings, the state and condition of the 
schools and plans for their improvement, which re- 
port, unless printed, shall be read in open town meet- 
ing ; and if printed, at least three copies shall be 
transmitted to the commissioner on or before the first 
day of Jul}^ in each year. 

Sec. 21. The school committee may reserve annu- 
ally out of the public appropriation, a sum not ex- 
ceeding forty dollars to defray the expense of print- 
ing their annual rejjort. 

Sec. 22. The school committee of every city and 
town shall purchase, at the expense of such city or 



LAWS EELATING TO PUBLIC INSTRUCTION. 65 

town, text-books and other school supplies used in 
the public schools ; and said text-books and supplies 
shall be loaned to the pupils of said public schools 
free of charge, subject to such rules and regulations 
as to care and custody as the school committee may 
prescribe. 

Sec. 23. A change may be made in the school- 
books in the public schools of any town by a vote of 
two-thirds of the whole school committee ; and in the 
<?ity of Providence by a vote of a majority of all the 
members elected to the school committee, notice of 
the proposed change having been given in writing at 
a previous regular meeting of said committee : Pro- 
vided, that no change be made in any text-book in 
the public schools of any town oftener than once in 
three years, unless by the consent of the board of 
education. 



CHAPTER 61 
Of Teachers. 



Section ' Section" 

1. Certificate of quaUfication re- 5.-3 Teachers to keep register of 

quired. scholars and certain records, 

2. Certificate valid for how long. and make report. 

3. Qualifications of teachers. 6. School officers ineligible to teach 

4. When teachers may be dis- in public schools. 

j2iissed. i 7. Moral instruction. 

Section 1. ^o person shall be employed by any 
trustee to teach as principal or assistant in any school 
supported entirely or in part by the public money, 
unless he shall have a certificate of qualification 
signed either by the school committee of the town, or 

6* 



66 SCHOOL MANUAL. 

by some person appointed by said committee, or by 
the trustees of the norinal school. 

Sec. 2. Such certificate, unless annulled, if signed 
by the school committee, shall be valid within the 
town for one year or for such portion thereof as shall 
be specified in said certificate. 

Sec. 3. The school committee shall not sign any 
certificate of qualification unless the person named 
in the same shall produce evidence of good moral 
character and ba found on examination qualified to 
teach the various branches required to be taught in 
the school. 

Sec. 4. The school committee of any town maj^, 
on reasonable notice and a hearing of such teacher, 
dismiss any teacher for refusal to conform to the reg- 
ulations by them made, or for other just cause ; and 
in such case shall give immediate notice to the trus- 
tees of the district. 

Sec. 5. Every teacher in any iDublic school shall 
keep a register of the names of all the scholars at- 
tending said school, their sex, age, names of parents 
or guardians, the tim©^ when each scholar enters and 
leaves the school, the daily attendance, together with 
the days of the month on which the school is visited 
by any officer connected with public schools, and shall 
prepare the return of the district to the school com- 
mittee of the town. 

Sec. 6. No superintendent of schools or member 
of the school committee of any town, or trustee of 
any school district, shall, so long as he continues in 



LAWS RELATING TO PUBLIC INSTRUCTION. 67 

said office of superintendeut, member of the school 
committee or trustee of school district, be eligible or 
employed to teach as principal or assistant in any 
school supported entirely or in part by the public 
money, within the town where said superintendent, 
member of the school committee or trustee resides. 

Sec. 7. Every teacher shall aim to implant and 
cultivate in the minds of all children committed to 
his care the principles of morality and virtue. 



CHAPTER 62. 

Of Legal Proceedings Relating to Public Schools. 

Section Sectiox 

1. Appeals from decisions relating 6. Costs, in what cases not to be 

to public schools, to whom taxed against school officers, 

made; duty of commissioner 7. Suit against district may be 

to hear and decide. answered by inhabitant or 

2. Statement of facts may be pre- taxpayer. 

sented to justice of supreme 8. 9. Judgment against school dis- 
court. trict, how satisfied. 

3. Appeals, rules of to be pre- 10. Process against school district, 

scribed by commissioner. how to be served. 

4. 3Iatters in dispute may be sub- 11. Record of clerk of district is 

mitted to commissioner by prima facie evidence, 

agreement. 12. Commissioner may remit cer- 

5. Votes ordering district taxes, tain fines, penalties and for- 

final unless appealed from. feitures. 

Section 1. Any person aggrieved by any decision 
or doings of any school committee, district meeting, 
trustees, or in any other matter arising under this 
title, may appeal to the commissioner of public 
schools who, after notice to the party interested of 
the time and place of hearing, shall examine and de- 
cide the same without cost to the parties : Providedy 



■68 SCHOOL MANUAL. 

that nothing contained in this section shall be so con- 
strued as to dei)rive such aggrieved imrty of any le- 
gal remedy. 

Sec. 2. The commissioner of public schools may, 
and if requested on hearing such appeal by either 
pjarty shall, lay a statement of the facts of the case 
l)efore one of the justices of the supreme court, whose 
decision shall be final. 

Sec. 3. The commissioner of public schools may 
from time to time prescribe rules regulating the time 
^nd manner of taking such appeals, and rules to pre- 
vent appeals for trifling and frivolous causes. 

Sec. 4. Parties having any matter of dispute be- 
tween them arising under this title, may agree in 
writing to submit the same to the adjudication of 
said commissioner, and his decision therein shall be 
final. 

Sec. 5. If no appeal be taken from a vote of a 
district relating to the ordering of a tax, or from the 
proceedings of the officers of the district in assessing 
the same, or if, on appeal, such i)roceedings are con- 
firined, the same shall not again be questioned before 
any court of law or magistrate whatsoever : Provided, 
that this section shall not be so construed as to dis- 
pense with legal notice of the meeting, or with the 
approval of the votes or proceedings hy the school 
committee or commissioner of public schools, when- 
ever the same is required by law. 

Sec. 6. In any civil suit before anj^ court against 
any school officer for any matter which might by this 



LAWS RELATING TO PUBLIC INSTRUCTION. 69 

chapter have been heard and decided b}^ the commis- 
sioner of public schools, no costs shall be taxed for 
the plaintife if the court are of opinion that such 
officer acted in good faith. 

Sec. 7. Any inhabitant of a district, or person 
liable to pay taxes therein, may be allowed by any 
court to answer a suit brought therein against the 
district, on giving security for costs, in such manner 
as the court may direct. 

Sec. 8. Whenever judgment shall be recovered 
in any court of record against any school district the 
court rendering judgment shall order a warrant to be 
issued, if no proceedings operating as a stay be taken, 
to the assessors of taxes of the town in which such 
district is situated, or, in case of a joint district com- 
posed of parts of towns, then to one or more of the 
assessors of each town, with or Avithout designating 
them, requiring them to assess upon the ratable prop- 
erty in said district a tax sufficient to pay the debts 
or damages, costs, interest and a sum in the discre- 
tion of the court sufficient to defray the expenses of 
assessment and collection. Said assessors shall, with- 
out a new engagement, proceed to assess the same, 
giving notice as in case of other district taxes. 

Sec. 9. Said warrant shall also contain a direction 
to the collector of the town, or in case of joint dis- 
trict, then to the collector of either town, as the court 
may direct, requiring him to collect said tax ; and 
said warrant with the assessment annexed thereto, 
shall be a sufficient authority for the collector, with- 
out a special engagement, to proceed and collect the 
same with the same power as in the case of a town 



70 SCHOOL MANUAL. 

tax ; and when collected, lie shall pa}^ over the same 
to the parties to Avhoin it may belong, and the sur- 
plus, if any, to the district. And the court may re- 
quire a bond of the collector. 

Sec. 10. Whenever any writ, summons or other 
process shall issue against any school district in any 
civil suit, the same may be served on the treasurer or 
clerk ; and if there are no such officers to be found, 
the officer charged with the same may post n^ a cer- 
tified cop3^ thereof on the door of the schoolhouse, 
and, if there be no schoolhouse, then in some public 
place in the district, and the same, when proved to 
the satisfaction of the court, shall constitute a suffi- 
cient service thereof. 

Sec. 11. The record of the district clerk that a 
meeting has been duly or legally notified shall be 
prima facie evidence that it has been notified as the 
law requires. The clerk shall obtain at the expense 
of the district a suitably bound book for keeping the 
record therein. 

Sec. 12. The commissioner of public schools may, 
by and with the advice and consent of the board of 
education, remit all fines, penalties and forfeitures 
incurred by any town, district or person, under any 
of the provisions of this title, except the forfeiture 
incurred by any town for not raising its proportion 
of money. 



LAWS RELATING TO PUBLIC INSTRUCTION. 71 



CHAPTER 63. 

Of the Normal School, Teachers' Institutes and 

Lectures. 

Section Section 

1. ISTormal school, management of . 6. Teacliers' institutes, and educa- 

2. Qualification of applicants for tional publications, etc., ap- 

tiiition. propiiation for. 

3. Diploma, who to receive. 7. Commissioner of public schools 

4. Trustees to examine applicants to account to state auditor 

to teach. for expenditures. 

5. When may pay travelling ex- 

penses of pupils. i 

Section 1. The normal school shall be under the 
management of the board of education and the com- 
missioner of public schools as a board of trustees. 

Sec. 2. All applicants from the several towns in 
the state shall be admitted to free tuition in said 
school, after having j)assed such an examination as 
ma}^ be iDrescribed by the board of trustees, and after 
having given to such board satisfactory evidence of 
their intention to teach in the public schools of this 
state for at least one year after leaving the said school. 

Sec. 3. Persons who shall have passed the regular 
course of studies at the normal school shall, on the 
written recommendation of the principal, receive a 
diploma signed by the trustees of the school. 

Sec. 4. The said trustees may, by themselves or 
by a committee of their board, examine all applicants 
to teach in the public schools, and shall give certifi- 
cates to such as are found qualified to teach school. 

Sec. 5. The trustees of the normal school may 



72 SCHOOL MANUAL. 

pay to each pupil who shall reside within the state 
and not within five miles of said school, who shall 
have been duly admitted thereto, and who shall have 
attended the regular sessions of said school and com- 
plied with the regulations thereof during the term 
next preceding such payments, not exceeding ten 
dollars for each quarter year for traveling expenses ; 
but such payments in the aggregate for such travel- 
ing expenses shall not exceed the sum of fifteen hun- 
dred dollars in any one year, and shall be made to 
the respective pupils entitled to the same in propor- 
tion to the distance they may reside from said school. 

Sec. 6. A sum not exceeding five hundred dollars 
shall be annually paid for defraying the necessary 
expenses and charges for teachers and lecturers for 
teachers' institutes, to be holden under the direction 
of the commissioner of public schools ; and a sum 
not exceeding three hundred dollars shall be annually 
paid under the direction of the board of education 
for publishing and distributing among the several 
towns educational publications, providing lectures on 
educational topics and otherwise ]3romoting the inter- 
ests of education in the state. 

Sec. 7. The commissioner of public schools shall 
render an annual account to the state auditor of his 
expenditures under the provisions of this chapter 
with his vouchers therefor. 



LAWS RELATING TO PUBLIC INSTRUCTION. 73 



CHAPTER 64. 

Of Truant Children^ and of the Attendance of 
Children in the Public Schools. 

Section ' Section 

1. Attendance at day schools re- ; children unable to read or 

quired. { write, when. 

2. Private school may be ap- 11. Ordinances to be made con- 

proved, cerning truancy and idle chil- 

3. Truant oflScers, and their ap- dren. 

pointment, duties and fees. 12, 13. Commitment and discharge 

of minors convicted under 
such ordinances. 

14. School committee to report of 
action of town under this 
chapter. 

15. Fines, how to inure. 

16. Jurisdiction of district court. 

17. Officers need not give surety 
for costs. 



4. Inquiry to be made into causes 
of neglect to attend school. 

5-7. Employment of children be- 
tween twelve and fifteen years 
of age forbidden, when, un- 
less, etc. Penalty. 

8, 9. Duties of truant officers, as 

to children employed. 
10. Penalty for employment of 



Section 1. Eveiy person having under his con- 
trol a child between the ages of seven and fifteen 
years shall annnallj^ cause such child to regularly at- 
tend for at least eighty full school days some public 
day school in the town or city in which such child re- 
sides ; and while such child is not lawfully employed 
to labor at home or elsewhere said person shall cause 
such child to attend a public day school regularly 
during the days and hours that the public schools 
are in session in the city, town, or district where 
such child resides ; and for every neglect of such 
•duty the person so offending shall be fined not ex- 
ceeding twenty dollars : Provided, that if the person 
so charged shall prove, or shall present a certificate, 
made by or under the direction of the school commit- 
tee of the city or town wherein he resides, setting 



74 SCHOOL MANUAL. 

forth that the child has attended for the required 
I)eriod of time a private daj^ school approved by the 
school committee of the citj^ or town where said school 
is located, or tbat the child has been otherwise fur- 
nished for a like period of time with the means of 
education, or has alread}^ acquired the elementary 
branches of learning taught in the public schools, or 
that his phj'sical or mental condition was such as to 
render his attendance inexpedient or impracticable, 
or that the child was destitute of clothing suitable 
for attending school and that the person in charge 
of said child was unable to provide such clothing, 
or that the child has been excused from attending 
school by the school committee of the citj' or town 
where he resides, then such penalty shall not be in- 
curred. 

Sec. 2. For the puri3oses of this chapter the school 
committees of the several towns and cities shall ap- 
X:)rove a private school onl}' when the teaching therein 
is in the English language and when they are satis- 
fied that such teaching is thorough and efficient, and 
when the persons in charge of said school shall keep 
the record of the attendance of the jjupils thereof 
upon the blanks i3rovided by the state for such pur- 
pose and shall render to the school committee of the 
town or city where said school is located a detailed 
report of the attendance of any jjupil for any speci- 
fied time : Provided, that the request for such report 
is made in writing and sets forth that such ]3upil is 
suspected of irregular attendance or truancy. 

Sec. 3. The town council of each town, and the 
board of aldermen of each city, shall annually ap- 
XDoint one or more special constables, and fix their 



LAWS RELATING TO PUBLIC INSTRUCTION. 75 

compensation, who shall be truant officers and who 
shall, under the direction of the school committee, in- 
quire into all cases arising under the provisions of 
this chapter, or under any ordinances made in pur- 
suance thereof by the town or city by which such 
officers were appointed, and shall alone be author- 
ized, in case of violation of any of the provisions of 
this chapter, or of any such ordinances, to make 
complaint therefor ; they shall also serve all legal 
processes issued in pursuance of this chapter or of 
any such ordinances, but shall not be entitled to re- 
ceive any fees for such service : Provided, however, 
that in case of the commitment of any person under 
the provisions of any section of this chapter, or of 
any ordinance made in pursuance thereof, or for 
default of payment of any fine and costs imposed 
thereunder, such officer shall be entitled to the regu- 
lar fees allowed by law for similar service. 

Sec. 4. The truant officers and t\v^ school com- 
mittees of the several towns and cities shall inquire 
into all cases of neglect of the duty prescribed in 
section one of this chapter within their respective 
towns and cities, and ascertain the reasons, if any, 
therefor ; and such truant officers, or any of them, 
shall, when so directed by the school committee, pros- 
ecute any person liable to the penalty provided for 
in said section one. 

Sec. 5. No child between the ages of twelve and 
fifteen years shall be emploj^ed in any manufacturing, 
mechanical or mercantile establishment, or by any 
telegraph or telephone company in this state, except 
during the vacations of the public schools of the aitj, 



76 SCHOOL MANUAL. 

town or district in wliich such child resides, unless, 
during the twelve months next ijreceding such em- 
ployment, he shall have attended school as provided 
for in section one of this chapter, or shall' have al- 
ready acquired the elementary branches of learning 
taught in the public schools, or shall have been ex- 
cused by the school committee of the town or city in 
which such child resides ; nor shall such employment 
continue unless such child shall attend school as 
above provided each year, or until he shall have ac- 
quired the elementary branches of learning taught 
in the public schools. 

Sec. 6. No child between the ages of twelve and 
fifteen years shall be so employed who does not pre- 
sent a certificate made by or under the direction of 
the school committee of the city or town in which 
such child resides, of his compliance with the require- 
ments of section five of this chapter ; and said cer- 
tificate shall also give the place and date of birth of 
such child as nearly accurate as may be ; and every 
owner, superintendent or overseer, of any establish- 
ment or company employing any such child shall 
keep such certificate on file so long as such child is 
employed therein. The form of said certificate shall 
be furnished by the secretary of the state board of 
education. 

Sec. 7. Every owner, superintendent or overseer 
of any such establishment or company who employs 
or permits to be employed any child in violation of 
either of the two' next preceding sections, and ever}' 
parent or guardian who permits such emplojnnent, 
shall be fined not exceeding twenty dollars. 



LA^YS RELATING TO PUBLIC INSTRUCTION. 77 

Sec. 8. The truant, officers shall, at least once in 
every school term, and as often as the school commit- 
tee require, visit the establishments or companies em- 
plo3^ing such children in their respective towns and 
cities, and ascertain whether the provisions of the 
three next preceding sections hereof are duly ob- 
served, and report all violations thereof to the school 
committee. 

Sec, 9. The truant officers shall demand the names 
of the children under fifteen years of age employed 
in such establishments or companies in their resiDCC- 
tive towns and cities, and shall require the certifi- 
cates of age and school attendance, prescribed in 
section vsix of this chapter, to be produced for their 
inspection ; and a refusal to j)roduce such certificates 
shall be punished by a fine not exceeding ten dollars. 

Sec. 10. Every owner, superintendent or overseer 
of any such establishment or company who employs 
or permits to be employed therein a child under fif- 
teen years of age who cannot ATrite his name, age and 
place of residence legiblj^, while the public schools 
in the town or city where such child lives are in ses- 
sion, shall for every such offence be fined not exceed- 
ing twenty dollars. 

Sec. 11. The town council of each town, and the 
€ity council of each city, shall make all needful pro- 
visions and arrangements concerning habitual truants 
And children who may be found wandering about iu 
the streets or public places therein, having no lawful 
occupation or business, not attending school and 
growing up in ignorance, and shall make such ordi- 
nances as will be most conducive to the welfare of 

7* 



78 SCHOOL MANUAL. 

sach cliildren and to the good order of such town or 
cit}^ ; and shall designate or provide suitable places 
for the confinement, discipline and instruction of 
such children. 

Sec. 12. Every minor convicted, under an ordi- 
nance made under the provisions of section eleven of 
this chapter, of being an habitual truant, or of wan- 
dering about in the streets and public places of a 
town or city, or of having no lawful employment or 
business, or of not attending school and of growing 
up in ignorance, shall be committed to any institu- 
tion of instruction or suitable place designated or 
provided for the purpose under the authority of said 
section eleven, for a XDcriod not exceeding two j^ears. 

Sec. 13. Children so committed may, on satisfac- 
tory^ proof of amendment or for other sufficient cause, 
be discharged from such institution or place by the 
court which committed them. 

Sec. 14. The school committees of the several 
towns and cities shall annually report to the state 
board of education whether their towns or cities have 
made the j)rovisions required by this chapter ; and in 
case the town council of any town, or the board of 
aldermen and city council of any city, shall in any 
year refuse or neglect to complj^ with the provisions 
of section three and section eleven of this chapter, 
or of either of them, after having been dulj^ notified 
by the commissioner of public schools, fifty per cen- 
tum of the money apportioned to such city or town 
from the state for school purposes shall be withheld 
until the jDi'Ovisions of said section three and section 
eleven of this chai^ter have been complied with. 



LAWS RELATING TO PUBLIC INSTRUCTION. 79 

Sec. 15. All fines under the provisions of this 
chapter shall inure and be applied to the support of 
the public schools in the toAvn or city where the of- 
fence was committed. 

Sec. 16. The district courts of the state shall 
have jurisdiction in their respective districts of all 
cases arising under this chapter and all ordinances 
passed in conformity with this chapter. 

Sec. 17. Xo officer complaining under any of the 
provisions of this chapter, or under the provisions of 
any ordinance that may be passed in pursuance 
hereof, shall be required to give surety for costs ; and 
such officer shall not in anywise become liable for any 
costs that may accrue on such complaint. 



CHAPTER 65. 

General Provisions Relating to Public Schools. 

Sectiox ' Section 

1. Exclusion from school to be by 10. Public schools in city of Provi- 

general rule. dence. how governed. 

2. 3. District officers to be engaged 11. Taking of fees, etc., for promot- 

in office; record of district! ing sale or exchange of school 

clerk is prima facie evidence. | books, etc., prohibited. 

4. Teniu'e of office of such officers. 12. Offering of fees, etc., to public 

5. Penalty for neglect of duties. school officers for such pur- 

6. School committee, board of pose, prohibited. 

education and commissioner j 13. Children of deceased soldiers 

may visit schools incorpor- i and sailors, when admitted 

ated or aided by the state. i free to public schools. 

7. Penalty for refusing to permit , 14. Pupils not allowed to attend 

such visitation. j public schools without cer- 

8. Nuisances near schoolhouse, j tificate of vaccination. 

prohibited. 15. Penalty for violation of provi- 

9. Construction of the word sions of this chapter. 

"town," as to the city of 16. Special statutes prevail. 
Providence. 



:80 SCHOOL MANUAL. 

Section 1. No person shall be excluded from any 
public school in the district to Avhich such person be- 
longs, if the town is divided into districts, or, if not 
so divided, from the nearest public school, on account 
of race or color, or for being over fifteen j^ears of age, 
nor except by force of some general regulation appli- 
cable to all persons under the same circumstances. 

Sec. 2. Every school district officer elected or ap- 
]Dointed under the provisions of this title, except the 
moderator of a district meeting, shall take an engage- 
ment, before some person authorized to administer 
-oaths, to support the constitution of the United States, 
the constitution and laws of this state, and faithfully 
to discharge the duties of his office so long as he shall 
continue therein. 

Sec. 3. The record of the district clerk that any 
school district officer has been duly engaged shall be 
prima facie evidence thereof ; and no school district 
officer shall enter upon the duties of his office with- 
out taking an engagement. 

Sec. 4. Everj^ school district officer elected or ap- 
pointed under the provisions of this title shall, with- 
out a new engagement, hold his office until the time 
of the next annual election or appointment for such 
office and until his successor is elected or appointed 
and qualified. 

Sec. 5. Every officer who shall make any false 
certificate, or appropriate any public school money to 
any purpose not authorized by law, or who shall re- 
fuse for a reasonable charge to give certified copies of 
any official paper, or to account for or deliver to his 



LAWS RELATING TO PUBLIC INSTRUCTION. 81 

successor any accounts, papers or money in his hands, 
or shall wilfully or knowingly refuse to perform any 
duty of his office, or violate any provisions of an\^ 
law regulating public schools, except where a partic- 
ular penalty may be prescribed, shall be fined not ex- 
ceeding five hundred dollars or be imprisoned not ex- 
ceeding six months, and shall be liable to an action 
of the case for damages to be brought by any xDcrson 
injured thereby. 

Sec. 6. Any school receiving aid from the state, 
either by direct grant or by exemption from taxation, 
may be visited and examined by the school commit- 
tee of the town in which such school is situated, and 
by the members of the board of education and the 
commissioner of j)ublic schools, whenever they shall 
deem it advisable. 

Sec. 7. Whenever such school shall refuse to per- 
mit such visitation, when requested, its exemption 
from taxation shall thereafter cease and be deter- 
mined. 

Sec. 8. No person shall keep any swine in an}' 
pen or other enclosure, or shall keep or. suffer to be 
kept any other nuisance, within one hundred feet of 
any schoolhouse or within one hundred feet of any 
fence enclosing the yard of any such schoolhouse. 

Sec. 9. In the construction of this title, except in 
the construction of chapter sixty-four, and sections 
six and seven of this chapter, and section twenty- 
three of chapter sixty, the word " town " shall include 
the city of Providence only so far as to entitle said 
city to a distributive share in the public money, upon 



82 SCHOOL MANUAL. 

making a report to the commissioner in the same 
manner as the school committees of other towns are 
required to do. 

Sec. 10. The public schools in said cit}^ shall con- 
tinue, as heretofore, to be governed according to such 
ordinances and regulations as the proper city author- 
ities may from time to time adopt. 

Sec. 11. No superintendent or school committee 
of any town, or any person officially connected with 
the government or direction of the public schools, shall 
receive any private fee, gratuity, donation or com- 
I)ensation in ruj manner whatsoever for jDromoting 
the. sale or the exchange of any schoolbook, map or 
chart in any public school, or be an agent for the 
sale or the publisher of any school text-book, or be 
directly or indirectly pecuniarily interested in the 
introduction of any school text-book ; and any such 
agency or interest shall disqualifj^ finy person so act- 
ing or interested from holding any school office w^hat- 
soever. 

Sec. 12. No person shall offer to any public school 
officer any fee, commission or compensation whatso- 
ever, as an inducement to effect through such officer 
any sale or promotion of sale, or exchange, of s.nj 
schoolbook, map, chart or school apparatus. 

Sec. vs. All the public schools in the state, in- 
eluding the State Normal School, shall be open to the 
children of officers and soldiers belonging to the state 
mustered into the service of the United States, and 
of those i)ersons belonging to the state, and serving 
in the navy of the United States, who died in said 



LAWS EELATINa TO PUBLIC If^STRUCTION. 83 

service during the late rebellion against the authority 
of the United States, or who were discharged from 
said service in consequence of wounds or disease con- 
tracted in said service, or who were killed in battle, 
without any cost or expense for taxes or other charges- 
imposed for purposes of public education. 

Sec. 14. Xo person shall be permitted to attend 
any public school in this state as a pupil, unless such 
person shall furnish to the teacher of such school a 
certificate of some practicing physician that such per- 
son has been properly vaccinated as a protection from 
smallpox ; and every teacher in the public schools 
shall keep a record of the names of such pupils in 
their respective schools as have presented such cer- 
tificate. 

Sec. 1 5. Every person violating any provision of 
this chapter shall be fined not exceeding fifty dollars 
or be imprisoned not exceeding thirty days, unless 
herein otherwise provided. 

Sec. 16. The foregoing provisions of this title are 
subject to the provisions of any special statutes re- 
specting schools, or the management of schools, in 
any particular town or city, none of which are re- 
pealed hereby. 



84 



SCHOOL MANUAL. 



CHAPTER Q6. 

Of the Rhode Island College of Agriculture and 
Mechanic Arts. 



Section 



Continued a body corporate for 
what purposes. 

Location. To have moneys re- 
ceived from the United 
States. 



Section 

3. Board of managers; term of 

ofifice, vacancies, and resi- 
dence. 

4. Officers of the board. 

5. Duties of officers and teacliers. 



Section 1. The present board of managers of the 
Rhode Island College of Agriculture and Mechanic 
Arts, and their successors, for the terms for which 
they have been or for which they hereafter may be 
appointed or elected as such managers, shall con- 
tinue to be a body politic and corporate for the pur- 
j)Ose of continuing and maintaining said college cor- 
poration as a college where the leading object shall 
be, without excluding other scientific and classical 
studies, and including military tactics, to teach such 
branches of learning as are related to agriculture and 
the mechanic arts, in order to promote the liberal and 
practical education of the industrial classes in the 
several pursuits and professions of life, as provided 
in the act of the Congress of the United States ap- 
proved July 2, 1862, entitled " An act donating pub- 
lic lands to the several states and territories which 
may provide colleges for the benefit of agriculture 
and the mechanic arts," and for the purpose of con- 
tinuing and maintaining an agricultural experiment 
station as a department of said college under and in 
accordance with, and to carry out the purposes of, the 
act of Congress approved March 2, 1887, entitled "An 
act to establish agricultural experiment stations in 



LAWS RELATING TO PUBLIC INSTJIUCTION. 85 

connection with the colleges established in the sev- 
eral states under the provisions of an act apx)roved 
July 2, 1862, and of the acts sup]Dlementary thereto,'^ 
hj the said name of " Rhode Island College of Agri- 
culture and Mechanic Arts," with all the powers and 
privileges, and subject to all the duties and liabilities 
set forth in chapter one hundred seventy-seven. 

Sec. 2. Said college and experiment station shall 
until otherwise ordered continue to be located in the 
town of South Kingstown upon the estate now occu- 
pied by them, and all moneys hereafter received 
under said act of Congress approved March 2, 1887, 
and under the act of Congress approved August 30, 
1890, entitled " An act to apply a portion of the pro- 
ceeds of the public lands to the more complete en- 
dowment and support of the colleges for the benefit 
of agriculture and the mechanic arts, established 
under the provisions of an act of Congress approved 
July 2, 18C2," and all other moneys which shall be 
received by the state for the promotion of agriculture 
or the mechanic arts under or by virtue of any act of 
Congress, shall, as and when received, be paid over 
to the treasurer for the time being of said college 
corporation, to be used and applied and accounted 
for by the managers and officers of said corporation 
for the time being, as required by the respective acts 
of Congress under which the same are received. And 
the managers and officers of said corporation shall 
perform all the duties, and make and publish, dis- 
tribute and render all bulletins and reports required 
by said acts of Congress, or by any acts in amend- 
ment thereof or supplementary thereto ; and shall 



86 SCHOOL MANUAL. 

also report to tlie general assembly annually at its 
January session. 

Sec. o. The several members of said present board 
of managers of said college corporation shall continue 
to hold their respective offices during the terms for 
which they were last appointed and until their re- 
sjjective successors are qualified to act ; and upon 
the expiration of the term of office of that member 
of said board whose term shall expire next after the 
General Laws shall go into operation, and in every 
year thereafter, there shall be one member of said 
board appointed hy the governor, with the advice 
and consent of the senate, for the term of five years 
and until his successor shall be qualified to act. In 
case of a vacancj^ in said board such vacancy shall 
be filled, if the general assembly be in session, by the 
governor with the advice and consent of the senate, 
if not in session by the governor until the next ses- 
sion of the general assembly, when, as soon as may 
be, an appointment shall be made by the governor 
with the advice and consent of the senate, to fill such 
vacancy, and the person so appointed shall hold his 
office for the remainder of the unexpired term. And 
every future member of said board shall be a domi- 
ciled inhabitant of the same countj^ as was the retir- 
ing member of the board whose place he is appointed 
to fill. 

Sec. 4. Said board of managers shall annually 
elect one of their own number to be president of 
the board, who shall also be the president of the cor- 
poration and shall continue in office until his succes- 
sor is elected. They shall also from time to time 
appoint a treasurer and a clerk, who shall also be 



LAWS RELATING TO PUBLIC INSTEUCTION. 87 

officers of the eorporation, and who maj^ be, but need 
not necessarilj^ be, the same person or members of 
the board, and who shall hold their respective offices 
at the pleasnre of the board. The treasurer before 
entering upon his office shall give bond to the state 
for the faithful discharge of his duties, in form to be 
approved by the attorney-general, in a penal sum to 
be fixed by the said board of managers and with 
surety or sureties to be approved by the governor ; 
such bond to be filed and to be kept on file in the 
office of the secretary of state, and which bond shall 
be renewed whenever required by the board of man- 
agers or by the governor. And the treasurer shall 
make a full detailed report annually to the general 
assembly, at its January session, of all his receipts 
and expenditures, properly audited by the board of 
managers or a committee thereof. 

Sec. 5. Said board of managers shall have the 
general care and management of said estate in South 
Kingstown and of said college and exi)eriment sta- 
tion, and msij employ professors, teachers and other 
IDcrsons in and about the same and prescribe their 
duties and fix their compensation, and from time to 
time make rules and regulations for their govern- 
ment ; and may also make by-laws, rules, and regula- 
tions to govern their own meetings and proceedings. 
Said board of managers shall from time to time ap- 
point the faculty of said college ; and such faculty 
shall from time to time arrange the courses of study, 
conforming to said acts of Congress in this behalf, 
and prescribe such qualifications for admission of 
students, and such rules of study, exercise, disci- 
pline, and government, as the}^ shall deem proper ; 



88 SCHOOL MANUAL. 

they may also grant academical degrees and diplomas 
appropriate to the courses of study to those students 
of good moral character who shall have pursued the 
prescribed courses and passed satisfactory examina- 
tions. 



CHAPTER 67. 



Of State Beneficiaries at the Rhode Island School of 

Design. 



SECTiOiSr 
1. Appropriations for. 
3. Annual report. 
3. Ex-officio directors. 



SECTioisr 
4, 5. State beneficiaries, and how 

appointed. 
6. Tuition fees, how paid. 



Section 1. Such sums as shall be from time to 
time appropriated by the general assembly to the 
Rhode Island School of Design, shall be paid by the 
general treasurer upon the orders of the state board 
of education, who are hereby empowered and author- 
ized to visit and examine said school at their pleasure. 

Sec. 2. The directors of the above-named school 
of design shall make an annual report to the state 
board of education in manner and form prescribed 
by said board of education. 

Sec. 3. The state board of education are hereby 
authorized and empowered to elect two of their num- 
ber who, by virtue of said election, shall be members 
of the board of directors of said school of design. 

Sec. 4. The state board of education are hereby 
authorized to ai)point as state beneficiaries at the 
Rhode Island School of Design, persons of proper 



LAWS RELATING TO PUBLIC INSTRUCTION. 



89 



age, character and acquirements, wlio have not the 
means of defraying the expense of instruction in said 
school themselves. 

Sec. 5. The secretary of the board of education 
shall receive and file in their order the applications 
of all persons who desire to receive such appoint- 
ment ; and in making their appointments the board 
shall, as far as practicable, make them so that the 
people of the several counties may participate in the 
advantages as nearly as possible in proportion to the 
respective populations of the counties according to 
the last United States census. 

Sec. 3. The board of education are hereby author- 
ized to draw their orders on the general treasurer for 
the payment of the tuition fees of the beneficiaries 
appointed by them as above. 



CHAPTER 68. 



Of Factory Inspection. 



Section 
1, 3. Children under 12 years of age 
not to be employed in fac- 
tories. 



Section 
3. Factory inspectors ; appoint- 
ment, tenure of office and 
duties. 



Section 1. l^o child under twelve j^ears of age 
shall be employed in any factory, manufacturing or 
mercantile establishment, within this state. It shall 
be the duty of every person, firm or corporation em- 
ploying children, to keep a register in which shall be 
recorded the name, birth]3lace, age and place of resi- 
dence of everj^ j)erson employed under the age of 



90 SCHOOL MANUAL. 

sixteen years ; and said register shall be produced for 
inspection on demand by either of the inspectors ap- 
pointed under this chapter. 

Sec. 2. No person, firm or corporation employing 
less than five persons who are women or children shall 
be deemed a factory, manufacturing or mercantile es- 
tablishment within the meaning of this chapter. 

Sec. 3. The governor shall, between the fifteenth 
and thirtieth days of June, in the year eighteen hun- 
dred ninety-seven, and between the fifteenth and 
thirtieth days of June in ever}^ third year thereafter, 
appoint two factory insj)ectors, one of whom shall be 
a woman, whose term of office shall be three years 
from date of their appointment and until their suc- 
cessors shall qualif}^ They shall at all times be sub- 
ject to removal by the governor for neglect of duty 
or malfeasance in the discharge of duty ; and in case 
of removal as aforesaid, or of vacancies in said offi- 
ces from any cause, the governor shall appoint suc- 
cessors to fill such vacancies for the unexpired term 
of said office. The said inspectors shall be empow- 
ered to visit and inspect, at all reasonable hours, and 
as often as practicable, the factories, workshops and 
other establishments in the state employing women 
or children, and shall report to the general assembly 
of this state at its January session in each year, in- 
cluding in said report the names of the factories, the 
number of such hands emploj^ed, and the number of 
hours' work performed each week. It shall also be 
the duty of said inspectors to enforce the provisions 
of this chapter, and to prosecute all violations of the 
same before any court of competent jurisdiction in 



LAWS RELATING TO PUBLIC INSTRUCTION. 



91 



the state. The said inspectors shall devote their whole 
time and attention to the duties of their respective 
offices. In case of any conflict of authority between 
the said inspectors, either of them may apply for in- 
structions to the governor, whose decision of the con- 
troversy, after hearing the statement of each inspec- 
tor and making such further investigation of the 
circumstances as he may deem necessary, shall be 
final. 



CHAPTER 85. 



Of Provision for the Education of Deaf Blind, and 
Imbecile Children. 



Section 

1. State beneficiaries. 

2. Supervision, and annual report. 



Section 

3. Clothing, how furnished. 

4. Bills, how approved and paid. 



Section 1. The governor, on recommendation of 
the state board of education, upon application of the 
parent or guardian, may ai3point any deaf, blind or 
imbecile child, being a legal resident of this state, 
who shall appear to said board to be a fit subject for 
education, as a state beneficiary at any suitable insti- 
tution or school now established, or that may be es- 
tablished, either within or without the state, for such 
period as he may determine : Provided, that no ben- 
eficiary shall receive educational aid for a longer time 
than ten years ; and the governor shall have the power 
to revoke any such appointment at any time for cause. 

Sec. 2. The board of education are hereby clothed 
with the duty and responsibility of supervising the 



•92 



SCHOOL MANUAL. 



education of all such beneficiaries, and no child ap- 
pointed as above shall be withdrawn from any insti- 
tution or school except with their consent, or the con- 
sent of the governor ; and said board shall annually 
report to the general assembly their doings under 
this chapter, with such further information in rela- 
tion to the several institutions at which these bene- 
ficiaries have been i3laced as may be deemed desirable. 

Sec. 3. The board of education may expend in 
the purchase of necessary clothing for such benefi- 
ciaries a sum not exceeding twenty dollars, in any 
calendar year, for a single child. 

Sec. 4. All bills arising under this chapter shall 
be examined and approved by the board of educa- 
tion, and the state auditor is hereby authorized to 
draw his orders on the general treasurer for the pay- 
ment thereof when proijerlj^ certified by the secretary 
of the board and approved by the governor, and a 
sum not to exceed twelve thousand dollars, or so 
much thereof as may be needed, is hereby annually 
appropriated therefor out of anj^ monej^ in the treas- 
ur}^ not otherwise appropriated. 



CHAPTER 86. 



Of the Rhode Island Institute for the Deaf 



Section 
1. Management and control vested 

in trustees. 
-2. Trustees, how appointed and 

term of office. 

3. Power of board of trustees to 

admit. 

4. Who may be admitted. Objects 



Sectiok 

of tlie institute, and how 
managed. 

5. Trustees to report annually to 

general assembly. • 

6. This chapter not affected by 

chapter 51, sections 9, 10 and 
11. 



LAWS RELATING TO PUBLIC INSTRUCTION. 93 

Section 1. The governor and lieutenant-governor 
together with nine citizens of this state, of whom six 
shall be men and three women, to be ai3pointed as 
hereinafter provided, shall constitnte a board of trus- 
tees in whom shall be vested the management and 
control of a state institution for the instruction and 
maintenance of deaf children in accordance with the 
provisions of this chapter. Such institution shall be 
known as the Rhode Island Institute for the Deaf. 

Sec. 2. Said trustees, other than the governor 
and lieutenant-governor, shall be appointed by the 
governor ; and said trustees now in office shall con- 
tinue to serve, in classes of three each, for and dur- 
ing the terms for which they were apiDointed, respect- 
ively; and in the year eighteen hundred ninety-seven, 
and once in every two years thereafter, three trustees 
in the said board shall in the same manner be ap- 
pointed for a term of six years, to fill the places of 
those whose terms shall have expired; and vacancies 
which may occur from death and resignation shall 
be filled by the governor for the remainder of the 
unexpired term. The members of said board of trus- 
tees shall receive no compensation for their services. 

Sec. 3. The board of trustees may admit such 
persons therein as hereinafter is provided. 

Sec. 4. Deaf persons between the ages of three 
and twenty years, and of sufficient caiDacity for in- 
struction, who are legal residents of the state, shall 
be entitled to the privilege of the school without 
charge, and for such period of time in each indi- 
vidual case as may be deemed expedient by the board 
of trustees; residents of other states may be admitted 



94 SCHOOL MANUAL. 

upon the payment of such rates of board and tuition 
as may be fixed by the board of trustees. The i^ri- 
mary object of the school shall be to furnish to the 
deaf children of this state, oral instruction, and the 
best known facilities for the enjoyment of such a 
share of the benefits of the system of free public edu- 
cation as their afflicted condition will admit of. The 
board of trustees shall have charge of the affairs of 
the institution, with power to make such by-laws and 
regulations for the government thereof (not inconsis- 
tent with the provisions of this chapter) as they maj- 
deem expedient. They shall elect from their own 
number a president and secretary, together with 
such standing committees as they may deem neces- 
sary. They shall appoint a principal who shall be 
chief executive officer of the institution, and shall 
have charge of the educational and internal affairs 
-of the institution, and shall also, upon the nomina- 
tion of the principal, ai:)point teachers and subordi- 
nate officers, prescribe the duties and terms of service 
of the same, and fix their salaries, and for just cause 
remove any or all of them. They shall likewise 
employ the requisite number of servants and other 
assistants, and fix the wages of the same, and shall 
purchase all furniture, schoolbooks, school appara- 
tus and other supplies necessarj^ to the equipment 
and carrying-on such institution. 

Sec. 5. The board of trustees shall annually in 
the month of January make a report to the general 
assembly, of the state and condition of the school, 
and a statement of all expenses incurred for salaries, 
maintenance, tuition and other items of current ex- 
pense, together with an estimate of the amount of 



LAWS RELATING TO PUBLIC INSTRUCTION. 95 

money necessary to meet the current expenses of the 
next year. 

Sec. 6. The provisions of this chapter are not re- 
pealed, affected or modified by the provisions of sec- 
tions nine, ten and eleven of chapter fifty-one. 



CHAPTER 87. 

Of the State Home and School for Children. 

Section - Section 

1-3. Board, of control: number, I what may be returned, when ^ 

term of office, and how ap- j to authorities. 

pointed. 8. Object of school, and duty of 

4. Secretary, duties and term of the board. 

office. 9. Jurisdiction of probate courts. 

5. Compensation to secretary only, 10. Board to keep a register of the 

but traveling expenses to all. children in the school. 

6. Government of the school. 11. To make annual report to board 
T. What children to be received ; of education. 

Section 1. The control and maintenance of the 
state home and school for dependent and neglected 
children shall continue to he vested in a board of 
control, to be called the ''board of control of the 
state home and school." Said school shall be known 
as the State Home and School for Children. 

Sec. 2. The said board shall consist of seven per- 
sons, four of whom shall be men and three women, 
and, in addition, of such person as may be secretary 
of said board. The terms of office of the members 
of said board shall begin on the first day of July. 

Sec. 3. The governor, by and with the advice 



96 SCHOOL MANUAL. 

and consent of the senate, shall appoint the members 
of said board, other than the secretarj^ ; and he shall 
annually, upon the expiration of the term of office 
of any of said board, ajjpoint persons to such office 
in place of those whose terms shall expire, and every 
l^erson so appointed shall hold his office for three 
years, unless sooner removed. Everj^ appointment 
to fill a vacancy shall be for the remainder of the 
term. 

Sec. 4. Said board may appoint a secretarj^ who 
shall by virtue of his office be a member of the board; 
he shall give bond to the state in such sum as the 
board may require, for the faithful performance of 
his duties ; he shall keep a record of all the doings 
of said board, and shall perform such other duties 
as may be by them required. Such secretary shall 
hold his office during the pleasure of the board. 

Sec. 5. No member of the board, except the sec- 
retary, shall receive any compensation for his ser- 
vices, but every member shall be paid out of the 
state treasury his necessary traveling expenses. 

Sec. 6. The said board shall establish a system of 
government for the institution, and shall make all 
necessary rules and regulations for imparting in- 
struction, and for the proper training of the chil- 
dren. They shall appoint such officers, teachers and 
employees as shall be necessarj^, and prescribe their 
duties, and fix their salaries. 



^5 



Sec. 7. They shall receive, in accordance with 
rules by them established, such children as may be 
declared vagrant, neglected and dependent on the 



LAWS RELATING TO PUBLIC INSTRUCTION. 97 

public for support, as provided in this cliapter, wlio 
are over four and under fourteen years of age, and 
who are in suitable condition of mind and body to be 
instructed ; for exceptional reasons, children under 
four years may be received, should the board deem 
it advisable. Any child who shall be found by the 
board to be of unsound mind, or who may be con- 
sidered by the board an improper inmate of said in- 
stitution, shall be forthwith returned by Ihem to the 
authorities from whom said child was received, who 
are hereby required to receive the same ; and all 
children admitted shall remain until they are eight- 
een j'cars of age, unless otherwise ordered hj the 
board. 

Sec. 8. It is declared to be the object of this chap- 
ter to provide for neglected and dependent children, 
not recognized as vicious or criminal, such influences 
as Avill lead toward an honest, intelligent and self- 
supporting manhood and womanhood, the state, so 
far as possible, holding to them the parental relation. 
But if at any time, in the discretion of the board, 
this object can be better attained by placing a child 
in a good family, they shall have the power to do so 
Oil condition that its education shall be provided for 
by such family in the public schools of the town or 
city where they may reside. The board are hereby 
made the legal guardians of all the children who may 
become inmates of the home and school, and charged 
with the duty of following such children as may be 
placed in families, with watchful care, and of taking 
them back to their own immediate supervision if at 
any time they fail to receive kind and proper treat- 
ment and a fair elementary education ; and in case 

9 



98 SCHOOL MANUAL. 

anj^ child shall leave without permission, or be taken 
hj any person unauthorized from said institution or 
from an}' famil}^ where it shall have been placed by 
said board, then said board is hereby authorized to 
take and restore said child to said institution or to 
the family. 

Sec. 9. It shall be the duty of the sui^erintendents 
or overseers of the poor in the several towns to, and 
any agent of the Rhode Island Society for the Pre- 
vention of Cruelty to Children may, bring before the 
courts of probate of such towns for examination, 
children sux^ported in poorhouses or otherwise de 
j)endent on the public for support, or other children 
found to be in a state of vagrancy, want or suffering, 
or abandoned bj' their parents or guardians, or not 
having any home or settled abode or proper guardian- 
shii3 ; and thereupon it shall be the duty of the court 
of iDrobate before Avhom anj^ such child is brought, 
to investigate the facts and ascertain if the child is 
so supported, or is in a state of vagrancj^ want, and 
suffering, or is abandoned b}^ its parents or guardians, 
or is without home or settled abode or proper guard- 
ianship, and also to ascertain its name, age and place 
of birth, and the names and residence of its parents 
or guardians, if it have an}^, and where and for what 
length of time, if at all, it has been supported at the 
expense of the town or state ; and said courts of i^ro- 
bate shall have power to compel attendance of wit- 
nesses. Tlie parents or any friend may appear in 
behalf of any child, and the court of probate in its 
discretion may request some suitable i)erson to ap- 
pear in behalf of any child ; and if on such exami- 
nation the court shall find that such child is so sup- 



LAWS RELATING TO PUBLIC INSTRUCTION. 99 

ported or dependent, or is in a state of vagrancy, 
want, and suffering, or is so abandoned, or without 
home or settled abode or proper guardianship, it shall 
make a proper order eontaining a statement of the 
facts ascertained as to said child, and entrusting said 
child to the cai-e and custody- of the said board, to- 
gether with a direction to the superintendent or over- 
seer of the poor to take said child to the state home 
and school, and shall deliver to tlie superintendent or 
overseer of tlie poor, or other person procuring such 
examination, a certified cop}' thereof. Such certified 
copy of such ordei shall then be delivered with the 
child at the home and school, to the presiding officer 
thereof. All expenses attending the foregoing pro- 
ceedings shall be paid by the town or city in which 
tlie child belongs : Provided, that children between 
the ages of four and fourteen supported in the state 
almshouse may be brought before the probate court 
of the town of Cranston b}^ the agent of the board 
of state charities and corrections, and said court is 
hereby clothed with the same power over such chil- 
dren, and such proceedings may be had, as if they 
were regularlj^ domiciled in said town; and- all ex- 
penses incident to the hearings in said cases before 
said probate court shall be paid by the state, and the 
state auditor is hereby authorized to draw his orders 
for the payinent of all such bills, when certified by 
the secretary of the board of control of the state 
home and school, out of any money in the treasury 
not otherwise appropriated. 

Sec. 10. The board shall provide a book in which 
shall be registered the names, ages and places of birth 
of the children under their care ; the residence of 



100 SCHOOL MANUAL, 

the parents or guardians as nearly as can be ascer- 
tained ; the date when each child is received and 
from what town, and when he leaves the school ; and 
whenever a child is placed in a family, the name, 
residence and occupation of such family ; and such 
book shall be open at all times for the inspection of 
the probate clerks and the overseers of the poor of 
the several cities and towns of the state. 

Sec. 11. The said board of control shall annually 
report to the state board of education, in the month 
of November, upon the condition of the school, the 
number of inmates thereof, the exx3enditures for the 
year, and their estimates for the year ensuing, to- 
gether with such other matters as may seem desira- 
ble ; which report shall be included hj said state 
board of education in its annual report to the gen- 
eral assembly. 



CHAPTER 111. 
Of Dogs. 



Section I Section 



10. Dog's to be licensed, fees ; pen- 
alty. 
15, 16. Mode of appraising damage 



by dogs. Balance to be ap- 
plied for support of public 
schools. 



Sec. 10. Every owner or keeper of a dog, of wliat 
age soever, shall annually in the montli of April 
cause such dog to be registered, numbered, described 
and licensed from the first da}^ of the ensuing June, 
in the office of the town clerk of the town wherein 
such owner or keex3er resides ; and shall cause it to 



LA^YS RELATING TO PUBLIC INSTRUCTION. 101 

'^'ear a collar around its neck distinctl}^ marked with 
its owner's name and with its registered number ; and 
shall paj^ to such clerk, for such license, one dollar 
and fifteen cents for a male dog and five dollars and 
fifteen cents for a female dog ; and all licenses 
granted under the provisions of this chapter shall be 
valid in every town during the then current year ; 
Provided, however, that any owner or keeper of a dog 
•of what age soever maj^, in the month of May in any 
year, have such dog licensed as aforesaid, upon paj- 
ing to such clerk two dollars and fifteen cents for a 
male dog and six dollars and fifteen cents for a female 
•dog ; and provided further, that an}^ person who shall 
become the owner or keeper of a dog, of what age 
soever, after the last day in May in each year, and 
prior to the first day of April following, shall cause 
the same to be registered, numbered, collared and 
licensed, within thirty days after he becomes such 
owner or keeper, u^Don the payment of one dollar and 
fifteen cents for a male dog and five dollars and fif- 
teen cents for a female dog. Every person owning or 
keeping a dog not registered, licensed and collared 
according to the provisions of this section shall be 
fined ten dollars, one-half thereof to the use of the 
complainant and one-half thereof to the use of the 
town wherein such dog shall have been kept, to be 
applied by the said town to the supjDort of public 
schools therein. 

Sec. 15. Each town or city council, excepting town 
and cit\' councils in the count}' of Xew^Dort, shall an- 
nually in the month of Aj)ril aj^point one or more 
suitable persons appraisers, who shall be sworn to the 
faithful discharge of their duties, to appraise the 

9* 



102 SCHOOL MANUAL. 

damage that may be done to any owner of any sheep 
or lambs, cattle or horses, hogs or fowls, suffering loss 
by reason of the biting, maiming or killing thereof 
by any dog or dogs, and to give a statement thereof 
in writing to the owner suffering snch loss ; and snch 
owner, suffering loss as aforesaid, shall, within two 
days after snch loss shall come to his knowledge, 
notify the appraiser, so appointed and sworn, living 
nearest to him in the town wherein such owner re- 
sides, of such loss ;* and said appraiser shall, on re- 
ceipt of twenty-five cents for each mile's travel and 
the sum of one dollar from such owner, appraise the 
damage and give a statement thereof in writing, with 
his lawful fees taxed thereon, to such owner ; and 
said owner sliall, within sixty days thereafter, present 
the same to the town council of such town, who shall 
draw an order on the town treasurer for the amount 
of such appraisal and fees, or for such other amount 
as the}^, in their discretion, after careful examina- 
tion, shall deem just ; and said order, when pre- 
sented to the town treasurer, shall be paid in the 
same manner as any other order made by the town 
council upon the town treasurer; and should any 
money, received under the provisions of this chap- 
ter, remain in the town treasury after April first, the 
town treasurer shall, on the first Monday in May fol- 
lowing, pay over the whole of such money so remain- 
ing to the school fund of such town for the support 
of the i)ublic schools therein : Provided, however , 
that an}'^ town, at its annual meeting or at a town 
meeting specially called for that purxDOse, may vote 
to retain such mone}^ as a separate fund for the pay- 
ment of damages done as aforesaid. 

Sec. 16. Each town or city council in the county of 



LAWS RELATING TO PUBLIC INSTRUCTION. 103 

Newport shall annually in the month of April appoint 
one or more suitable persons appraisers, who shall be 
sworn to the faithful discharge of their duties, to ap- 
praise the damage that may be done to any owner of 
any sheep or lambs, cattle, horses, hogs or fowls, suf- 
fering loss bj' reason of the biting, maiming or kill- 
ing thereof by any dog, and to give a statement 
thereof in Avriting to the owner suffering loss ; and 
such owner, suffering loss as aforesaid, shall, within 
two day^s after such loss shall come to his knowledge, 
notify the appraiser, so ajjpointed and sworn, living 
nearest to him in the town wherein such owner re- 
sides, of such loss ; and said ajDpraiser shall, on re- 
ceipt of twenty cents for each mile's travel and the 
sum of one dollar from such owner, appraise the 
damage and give a statement thereof in writing, with 
his lawful fees taxed thereon, to such owner ; and 
said owner shall, within sixtj^ days thereafter, present 
to the town or city council of the town or cit}^ where 
such damage is done the appraisal thereof, and there- 
uj)on the town or city council of such town or city 
shall draw an order on the town or city treasurer for 
the amount of such appraisal and fees, or for such 
other amount as thej^, in their discretion, after care- 
ful examination, shall deem just. And such town or 
city treasurer shall annually, on the last Monday in 
March, pay all such orders in full, if the gross amount 
thus received by such town or city under the pro- 
visions of this chapter, after deducting all sums pre- 
viously laid out under such provisions, is suiScient 
therefor ; otherwise the town or city treasurer shall 
divide such amount, after deducting as aforesaid, pro 
rata among said orders, and the payment thereof 
shall be in full discharge of such orders ; and should 



104 SCHOOL MANUAL. 

any money, received under tlie provisions of this 
chapter, remain in the town treasury after payment 
provided for herein, the town or cit}^ treasurer shall, 
on the first Monday in May follow^ing, pay over the 
whole of such money so remaining to the school fund 
of such town or city for the town or city for the sup- 
port of the j)ublic schools therein : Provided, how- 
ever, that anj town in said county at its annual meet- 
ing, or at a town meeting specially called for that 
23urpose, or any city in said county by its city coun- 
cil, may vote to retain such money as a separate fund 
for the payment of damages done as aforesaid. 



CHAPTER 166. 



Of Bills of Excliange and Promissory Notes, and of 
Legal Interest. 

■Section 8. What days shall be holidays. 

Sec. 8. The twenty-second daj^ of February (as 
Washington's birthda}^), the first Wednesdaj' of April 
(as State election day), the thirtieth day of May (as 
Memorial day), the fourth day of Jul}^ (as Independ- 
ence day), the first Monday of September (as Labor 
day), the twenty-fifth day of December (as Christmas 
daj"), and each of said days in every year, such day 
as the governor of this state shall appoint as Arbor 
•day in everj^ yeai\ the Tuesday- next after the first 
Monday of November in the year eighteen hundred 
ninety-six and in every second year thereafter (as 
National election day), or when either of the said 



LAWS RELATING TO PUBLIC INSTRUCTION. 105 

days falls on the first clay of the week, then the day 
following it, the first day of every week (commonly 
called Sunday), and such other days as the governor 
or genei-al assembly of this state, or the president or 
the congress of the United States, shall appoint as 
holidaj^s for ixny purpose, days of thanksgiving, or 
days of solemn fast, shall be holidays. 



CHAPTER 17G. 



Of IncoriDoration. 



Section Section 

11. Miscellaneous corporations 
are formed by wliat articles 
of agreement, how executed, 
and, with certificate of fee 
paid, where filed. Form of 
certificate of incorporation. 
1-2. Certificate of incorporation 
confers what powers. 



13. Such corporation may hold 
pi'operty to wiiat amount. 

14. Articles of agreement may be 
amended, how. 

15. Certified copies of incorpora- 
tions are admissible in evi- 
dence. 



Sec. 11. All libraries, Ij^cenms, fire engine compa- 
nies, and corporations formed for religious, charita- 
ble, literarj^, scientific, artistic, social, musical, agri- 
cultural or sporting purposes, not organized for busi- 
ness purposes, and all other corporations of like na- 
ture not hereinbefore otherwise provided for, shall be 
created in the following manner, viz.: Five or more 
persons of lawful age shall associate b}' written arti- 
cles wliich sliall express : 

First. Their agreement to form said corporation ; 

Second. The name by which it shall be known, 
wliich name shall not then be in nse by anj^ existing 
corporation of the state ; 



106 SCHOOL MANUAL. 

Third. The purpose for which it is constituted ; 

Fourth. The town or city in which it is to be lo- 
cated. 

Said agreement shall be signed and acknowledged 
b}" all the members named therein, and shall prescribe 
the manner in which the first meeting shall be held 
and organized. Said agreement shall be filed in the 
office of the secretar}^ of state, and said persons shall 
pay a fee of five dollars into the general treasury of 
the state. When said agreement has been so filed, 
together with the certificate of the general treasurer 
that the fee of five dollars has been paid, and the sum 
of oue dollar has been paid to said secretarj^ of state 
for the certificate hereinafter required, the secretary 
of state shall thereupon issue to said corporation his 
certificate, under the seal of the state, substantially 
iu the following form : — 

State of Rhode Island and Proyidekce Plantations. 

I, secretary of state, hereby certify that 

\here insert names of all the corporators^ have filed 
in the office of secretary of state their agreement to 
form a corporation nnder the name of \liere insert 
name of corporation'] for the purpose \liere insert 
purpose] in accordance witli law, and have also filed 
the certificate of the general treasurer that they have 
paid into the general treasurj^ of the state the fee re- 
quired by law. 

Witness my hand and the seal of the State of 
Rhode Island this day of in the year 

Sec. 12. When said certificate has been issued as 
aforesaid said corporators shall be authorized to carry 
•out the purpose of such agreement with all the pow- 



LAWS RELATING TO PUBLIC INSTRUCTION. 107 

ers and subject to all the duties and liabilities as pro- 
vided herein and in chapter one hundred seventy- 
seven and all amendments thereof and additions 
thereto, so far as not inconsistent with the provisions^ 
of this chapter, and so far as the provisions of said 
chapter one hundred seventj^-seven shall be applica- 
ble to such corporation. 

Sec. 13. Said corporation shall be entitled to take, 
hold, transmit and convey real and personal estate- 
to an amount not exceeding in all one hundred 
thousand dollars. But if such corporation desires to 
take and hold property to an amount exceeding one 
hundred thousand dollars either originally or by 
amendment, such privilege shall be granted only by 
the general assembly on petition thereto. 

Sec. 14. Such agreement may be amended in any 
particular not inconsistent with the provisions of this^ 
chapter, excepting as provided in the preceding sec- 
tion, by vote of the corporation and the filing in the 
office of the secretary of state of a copy of such vote 
duly attested by the president and secretary of said 
corporation. 

Sec. 15. Copies of agreements to form corpora- 
tions, when formed by agreement, or of any amend- 
ment thereof, and the fact of their being tiled in the 
office of the secretary of state and the date of such 
filing, and the filing of the certificate of the general 
treasurer, shall, when certified to by the secretary of 
state, be received in evidence before any court, tribu- 
nal or authorit}^ 



108 



SCHOOL MANUAL. 



CHAPTER 278. 
Of Ojfences Against Public Peace. 

Section 7. Disturbing town, ward, relijiions, scientific, etc., meeting,s. 

how punislied. 

Sec. 7. Eveiy person who shall wilfull}^ interrupt 
or disturb any town or ward meeting, any assembly 
or peoj3le met for religious worship, anj^ public or 
13rivate school, any meeting lawfully and peaceabl}^ 
held for purposes of moi*al, literary or scientific im- 
provement, or any other lawful meeting, exhibition 
or entertainment, either within or without the place 
where such meeting or school is held, shall be impris- 
oned not exceeding one year or be fined not exceeding 
five hundred dollars. 



CHAPTER 279. 



Of Offences Against Private Property. 



Section 
52. Of malicious mischief to 
books, etc., of free public 
libraries. 



Section 
53. Of neglect to return to such 
libraries, books, pamphlets, 
etc., after due notice. 



Sec. 52. Eveiy person who, wilfully and ma- 
liciously or w^antonly and without cause, writes 
upon, injures, defaces, tears or destroj^s any book, 
IDamjohlet, plate, picture, engraving or statue or other 
i:)roperty belonging to any law, town, city or other free 
public library, or suffers any such injury to be in- 
flicted while said property is in his custod}^, shall be 
fined not less than one dollar nor more then ten dol- 
lars, the same to be for the use of the library. 



LAWS RELATING TO PUBLIC INSTRUCTION. 109 

Sec. 53. Every person who shall take or borrow 
from any law, town, city or other free or public 
library any book, pamphlet, paper or other property 
of said library and wiio, upon neglect to return the 
same within the time required and specified in the 
bjMaws, rules or regulations of the library owning 
the property, has been notified by the librarian or 
other proper custodian of the property that the same 
is overdue, shall, ujDon further neglect to return the 
same within two weeks from the date of such notice, 
be considered to have unlawfully converted the prop- 
erty of the library to his own use. A written or 
printed notice, given personally or sent by mail to 
the last known or registered jilace of residence, shall 
be considered a sufficient notice. 



CHAPTER 283. 
Of Ojfences -against Public Policy. 

Sec. 29. Flags or emblems of foreign countries not to be displayed upon 
10 public buildings and schoolhouses. 

Sec. 29. It shall be unlawful to display the flag 
or emblem of any foreign country upon the flagstaff 
of any State, count}^, city or town building or i)ublie 
schoolhouse within this State : Provided, lioicever, 
that when any foreigner shall become the guest of 
the United States, or of this State, the flag of the 
country of which such public guest shall be a citizen 
or subject may be displaj^ed upon public buildings, 
except public schoolhouses. Every person who shall 
violate the provisions of this section shall be fined 
not less than twenty-five nor more than one hundred 
dollars. 



DECISIONS 



In the following pages will be found, so far as it 
lias been possible to collect them, a digest of such 
decisions, rendered since the establishment of the 
present school system, both by the commissioners of 
public schools and by the Supreme Court, as inter- 
pret the school law and unfold the principles of its 
application. 

A great manv of them were made by the late Hon. 
Elisha R. Potter, formerly Commissioner and subse- 
quently Associate Justice of the Supreme Court, to 
whose deep interest in the subject of public educa- 
tion it is in great part owing that the i3resent law was 
enacted, and whose very intimate knowledge of the 
design and bearing of the law eminently qualified 
him to give authoritative opinions concerning it. 

In those cases which w^ere published in full in the 
preceding manuals, it has been deemed best in this 
edition usually to print only the conclusions and the 
reasons therefor, so far as they were given ; but in 
cases decided since 1882, the plan of giving a fuller 
statement of the case has been followed. 

These decisions will be found arranged topically 
according to the principal subjects of the several 
chapters of the General Laws, with cross references in 



112 SCHOOL MANUAL. 

cases where the decisions cover two or more distinct 
subjects. 

It is sincerely hoped that this exposition of the law 
will be found adapted to the needs of tlie various 
school officers of the State and that it will tend to a 
vigorous enforcement of its varied provisions, and 
thus to a more healthy and efficient system of public 
schools. 



DECISIONS KELATIXG TO PUBLIC INSTBUCTION. 113 



EXEMPTION FROM TAXATION. 



DECISION No. 1. 

Saint JIarifs Church vs. Benjamin Tripp, City 
Treasurer of the City of Providence. 

A building for religious purposes is exempt from taxation although used 
for educational purposes, so long as the use is merely incidental or 
occasional, or so long as the use. if habitual, is purely permissive and 
voluntary and does not interfere with the use for religious purposes, 
there being no alienation of the building in whole or part for educa- 
tional uses, as e. g. by lease. 

The question here arises on Pub. Stat. R. I. cap. 
41, § 2, which exempts certain classes of property 
from taxation, and among them " buildings for free 
public schools, buildings for religious worship, and 
the land upon which they stand and immediately 
surrounding the same to an extent not exceeding one 
acre, so far as said buildings and land are occuiDied 
and used exclusively for religious or educational 
purposes." The defendant contends that the words 
^' religious or educational," at the close of this cita- 
tion, are used distributively, the word " educational " 
being applicable exclusively to buildings for free 
public schools, and the word "religious" being ap- 
plicable exclusively to buildings for religious Avor- 
ship ; so that if any free public schoolhouse be used 
for religious purposes, or any building for religious 
worship be used for educational purposes, however 

10* 



114 SCHOOL MANUAL. 

incidental or occasional the use may be, the exemp- 
tion is forfeited. We do not think the statute is to be 
-so strictly construed. The statute seems to recognize 
the close connection which exists between religion 
and education as auxiliary to one another. It is well 
known that much of our Sunda}^ school teaching, 
though it ma}^ be auxiliary to religion, is not purel}^ 
religious. Buildings for religious worship or parts of 
them are frequently permitted to be used on week 
days for literarj^ or scientific lectures, or for indus- 
trial instruction. It cannot be supposed that the 
•General Assembly, which must have been familiar 
with these uses, some of them xDrompted by religion, 
though not religious, intended to proscribe or dis- 
courage them. We think a building for religious 
}3urposes ma}- be used for educational purposes, with- 
out au}^ forfeiture of its exemption, so long as the use 
;is merel}^ incidental or occasional, or, if habitual, so 
long as it is jjurely permissive and voluntarj^, and is 
so managed as not to interfere with the uses of the 
.building for religious worship), there being no alien- 
ation of the building or any part of it to the educa- 
tional uses, as there would be if it were leased for 
such uses and thus secularized, if the word maj^ be 
permitted. In the case at bar, if we rightly under- 
stand the agreed statement, the use was such that it 
did not interfere with the needs of religious worship, 
and such, too, that it might have been terminated at 
any time, being ]3urely permissive and voluntar}^ 
We think that under these circumstances there was 
no forfeiture of the exemption. 

Thomas Durfee, C. J. S. C. 

3 883. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 115 



POWERS AND DUTIES OF TOWNS. 



DECISIOX No. 2. 

District of Narragansett. 

" District of Narragansett is entitled to same consideration in distribution 
of school money as if it were styled a town." 

I am of tlie opinion that the District of Narragan- 
sett is entitled to the same share in the apportion- 
ment of the one linndred and twenty thousand 
dollars appropriated for the support of pnblic schools 
as provided by Public Laws R. I. cap. 426, as though 
it had been styled a town instead of a district in the 
act by wdiich it was incorporated. 

Charles Matteson, A. J. C. S. 

1889. 



DECISION No. 3. 



On Petition of Town Council of Cranston for 
Opinion of the Court. 

1. The act autliorizing any town to taxes, whose duty arises when 

abolish the school districts the town has taken action un- 
therein does not violate the der the act, and does not de- 
provision in Art. 1, § 2, of the pend upon any vote of the town 
Constitution of Khode Island, levying the tax. 
which declares that "the bur- 3. The words "next annual assess- 
dens of the state ought to be ment" in the act mean, and 
fairly distributed among its are equivalent to saying, "when 
citizeus." i the assessors begin to make 

2. The assessment of the tax, de- ' their next annual assessment." 

duction for debts, and remis- 4. The remission required by the act 

sions are required by the act to be made is to the individual 

to be made by the assessors of taxpayers. 



116 SCHOOL MANUAL. 

Case stated for an opinion of the court under the 
Judiciary Act. cap. 20, § 24, asking for a construction 
of Pub. Laws R. I. cap. 447. 

In April, 1892, the town of Cranston voted to 
abolish the school district system and to adopt the 
town system. Thereupon, pursuant to Public Laws, 
cap. 447, the title to all the school property vested in 
the town, subject to an ap]3raisal to be made by a 
commission to be appointed by this court. The act 
provides for the payment of such x^ropert}^ as follows: 
"At the next annual assessment of taxes thereafter, 
a tax shall be levied upon the whole town equal to the 
amount of said appraisal ; and there shall be remitted 
to the taxpayers of each district their proportional 
share of the appraised value of the school property in 
such district ; iDrovided that if any district be in debt, 
and said debt be assumed by the town, the amount of 
such debt shall be deducted from the whole amount 
to be remitted to the taxpayers of said district." A 
commission was apj)ointed and a report made, which 
Avas confirmed September 12, 1893. Upon these facts 
"the following questions are presented to the court 
for an opinion : 

1. "Is so much of section 1 of said chapter 447 of 
the Public Laws as requires that ' at the next annual 
assessment of taxes thereafter, a tax shall be levied 
npon the whole town equal to the amount of the said 
appraisal ; and thei'e shall be remitted to the tax- 
payers of each district their proportional share of the 
appraised value of the school property in such dis- 
trict,' constitutional?" 

It is suggested that the statute violates the pro- 
vision in Art. 1, § 2, of the Constitution that " the 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 117 

burdens of the state ouglit to be faiiij^ distributed 
among its citizens." The argument is that taxation 
is a public burden ; that the statute provides for a 
tax for other than a public purpose ; and that it is op- 
pressive and unequal in that it does not apply to the 
district taxed ; or, in other words, that the citizens of 
one district, having a small school property, are taxed 
for the benefit of other districts having more school 
propei-ty. We do not think the statute is open to the 
objection of unconstitutionality. 

School districts have been recognized by this court 
as quasi corporations. Bull v. School Committee, 11 
R. I. 24:4:. As such corporations they are respectivel}^ 
the owners of their schoolhouses. Under the act these 
were to become the property of the town, and to be 
paid for by the town by way of a proportionate re- 
mission of tax. It is true that the taxpayers in a 
particular district may not, at the present time, be 
the same persons who paid the tax from which a 
schoolhouse was built ; and yet it is fair to presume 
that purchasers of property have indirectly paid for 
the same in an enhanced value of land and property 
by reason of the erection of a schoolhouse within the 
district ; and they are the present corporators of the 
district. 

The apportionment may not be absolutely just, but 
it is evidently as nearly so as practicable. The re- 
mission provided for is not a tax raised for the bene- 
fit of individuals, but in payment of property which 
is virtually purchased by the town. Neither is it a 
tax for the benefit of one part of the town at the 
expense of another part, for schoolhouses are for the 
benefit of all and not for a part. Some sections may 
have required and built larger and more expensive 



118 SCHOOL MANUAL. 

buildings than others, but this maybe so under direct 
taxes to build schoolhouses, and surely no one can 
question the right of a town to do the same thing. 
The increased expense in such cases is usually offset 
b}^ the increased number and amount of contributing 
taxes. The compensation for the more costlj' build- 
ings under this act is therefore as nearly equitable as 
it can be made. The tax and remission is virtually a 
tax paid into the town for the schoolhouses jiurchased 
and paid back again to the members of the respective 
school districts in j)roportion to their interest in the 
same. 

But here comes the objection that, because none of 
the money goes into the town treasury, it is a tax for 
the benefit of individuals and not a tax for a public 
IDurpose. This objection was disposed of In the mat- 
ter of Dorrance Street, 4-. R. I. 230, 243, where the 
court saj^s : " Certainly it approaches very near an 
absurdit}^, if he (an owner of land) is constitutionally 
liable, on the one hand, to pay a sum of money to the 
public for the benefits he has received from the im- 
provement, and the public is constitutionally liable, 
on the other hand, to pay him in mone}^ for the dam- 
ages which he has sustained by the improvement, to 
say that he is constitutionall.y wronged because in 
such a case the public, — instead of clumsily collecting 
the money due from him, and i3utting it into the 
treasurj^ with one of its numerous hands, and then 
taking it out again and paying him for his damages 
with another of its numerous hands, — pays him the 
balance due him, if his damages exceed his benefits, 
or exacts from him the balance due to them, if his 
benefits exceed his damages. It is a mere mistaking 
of words for things to sa}^, in such case, that he is 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 119' 

compensated contrary to one clause of the Constitu- 
tion, bj' benefits instead of money, — if under the gen- 
eral power of the government, and in accordance 
with the spirit of another clause of the same Consti- 
tution, he is liable to pay money for those benefits.'^ 
There is no difference in principle between that 
case and the case at bar. Here all the taxpayers 
would be liable to paj^ for schoolhouses built or pur- 
chased by the town, and as members of the school 
districts the act recognizes that some payment should 
be made by the town for the propert}^ taken from th^y 
districts. Tins much certainlj' is equitable and with- 
in the general principles of taxation. It is not com- 
j)ensation in the strict sense of the term, as when 
private jDi-opertyis taken, although it resembles that. 
It is rather an attempted equalization as between the 
taxpayers of the town, as members of onecorporation^ 
and the taxpayers of the districts as members of other 
cori3orations ; and Ave fail to see that the adjustment 
of debit and credit is not fair and reasonable. A 
similar statute has been sustained in Massachusetts^. 
Whitney v. Stow, 111 Mass. 368 ; Rawson v. Spencer, 
113 Mass. 4:0. The case of Freeland v. Hastings^ 10 
Allen 570, is similar in principle. 

2. " Does chapter 447 give the collector of taxes 
power under the appraisal made, to compute, collect 
and remit Avithout any act on the part of the asses- 
sors ?" 

We think the act clearlj^ implies that the assess- 
ment, deduction for debts and remissions are to be 
made hj the assessors at the same time as the an- 
nual assessment. 

3. " Is it the duty of tlie assessors to assess the 
amount of the appraised value of the district school 



120 SCHOOL MANUAL. 

property until the voters of the town in town meeting- 
have levied, ordered or voted such amount as a tax?'' 
We think it is. The act of the general avSsembly is 
superior to the vote of a town, and commands the 
assessment when the town has taken action under it. 
Of course the more orderly way would be for the 
town to vote the tax ; but an omission to do so would 
not defeat the operation of the law which imposes it. 

4. "If a vote of the electors of the town in town 
meeting is necessary before the amount of such ap- 
praised value can be assessed by the assessors, can 
such tax be levied, ordered or voted at a special town 
meeting called for the purpose at any time, or must 
it be levied, ordered or voted at the annual town 
meeting to be holden next after the commissioners^ 
report has been confirmed by the court ?" 

5. " Can the amount of such appraised value be 
assessed by the assessors prior to the levy and assess- 
ment of the next annual tax, whether levied, ordered 
or voted by the electors of the town or not, without 
such proceedings being had as are prescribed by sec- 
tions 6, 7 and 8 of chapter 43 of the Public Statutes?'^ 

These two questions may be answered together. 
Strictly, the assessment is not fully made until the 
list is completed and delivered by the assessors. But 
Pub. Stat. cap. 43, § 6, provides that the assessment 
is not to begin until after the time given to the tax- 
payers for bringing in their accounts. We think the 
statute contemplates that the assessment of 'this spe- 
cial tax is to be made along with the general tax, and 
hence that the intention was to fix the time of mak- 
ing it at the beginning of the assessment. It would 
be unreasonable to suppose, if, as in this case, a re- 
port should be made after the assessment list had 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 121 

been iDractically completed but before it had been 
delivered, that the assessors must do the work all 
over again, and thus delay the collection of the tax. 
We think the " next annual assessment " means, and 
is equivalent to saying, " when the assessors begin to 
make their next annual assessment." There might, 
therefore, be an interval after the annual town meet- 
ing, within which a special meeting could be held, 
but it should be at a time to allow for the bringing in 
of lists hj taxpayers as iDrovided in said section 6. 

6. "Are these amounts remitted to be deducted 
from the taxes of the individual taxpayers, or are 
they payable to the treasurer of each school district 
as a fund from which to pay and cancel debts and 
obligations of the respective districts ?" 

The act clearly provides for a remission to tax- 
j)ayers, which means, we think, the individual tax- 
payers. There is no provision for the proportionate 
amount of any district to go to its treasurer for any 
purpose. The liability of a district for debts con- 
tinues, notwithstanding such remission, although the 
act presupposes an assum]3tion of district debts by 
the town and the retention of an amount sufficient to 
cancel them, thus saving the trouble of proceedings 
against the district or of an assessment and collection 
of a special district tax to pay its debts. 

John H. Stiness, A. J. S. C. 
1893. 



11 



122 SCHOOL MANUAL. 



POAVERS OF DISTRICTS AND DISTRICT 
OFFICERS. 



DECISION No. 4. 

The district has power, with approval of committee, 
to open a second school, provided that there be money 
enough in the treasurN^ to the credit of the district to 
paj^ for both schools. 

Elisha R. Potter, C. P. S. 

1851. 



DECISION" No. 5. 
School District No. 10, North Kingstoam. 

Schoolhouse may not be used for any purposes other than those directly 
connected with public education. 

This case involves the right of the district or trus- 
tees to use the schoolhouse for other purposes than 
an ordinary school, and depends partly upon the pro- 
visions of the general school laws, and partly upon 
the conditions of the deed of the lot upon which this 
particular schoolhouse stands. 

The following remark upon this subject is made in 
the notes to the school act : "A schoolhouse, built or 
bought by taxation on the property of the district, 
should not be used for any other purpose than keej)- 



DECISIONS EELATING TO PUBLIC INSTRUCTION. 123 

ing a school, or for purposes directly connected with 
education, except by the general consent of the tax- 
paying voters." 

The rule laid down here is believed to be substan- 
tially correct and sound. The district holds the prop- 
erty in trust for educational purposes. The money 
has been taken from the taxpayers by force of law 
for certain purposes, and for those only, and cannot 
be applied by either district or trustee to any other 
use. 

I am of opinion that under the school law the house 
may be used for educational purposes collateral to 
the main purpose, such as meetings of the district for 
school business, lectures upon literary or scientific 
subjects, debating societies for the people or children 
of the district, etc. It may not be easy in all cases 
to draw the line between legal and illegal cases, but 
it would be perfectly clear that the district could not 
use the house for trade or religious meetings if any 
person objected to it. 

The question then arises, whether the deed in the 
present case varies the rights of parties from what 
they would be if the deed contained no conditions. 

By the deed from Joseph Case and others, dated 
October 11, 1848, the schoolhouse lot is conveyed to 
the district " for the purpose of maintaining thereon 
a district schoolhouse and appurtenances, for the 
benefit of the district school of said district, and for 
no other use or purpose whatever, except religious 
meetings," and it is provided " that when said lot of 
land shall cease to be occupied for the purposes of a 
district school aforesaid, the same shall revert to the 
grantors, their heirs and assigns forever." 

The exception in regard to religious meetings may 



124 SCHOOL MANUAL. 

be left out of consideration in the present case. It 
cannot affect it in any way. If tlie district have no 
right to religions meetings there, independent of the 
deed, the deed cannot give it to them. And if the 
district would have such a right otherwise, it may 
admit of question whether a provision in a deed would 
deprive them of it. 

Leaving out of consideration the words, ^^ except 
religious meetings," the remainder of the first passage 
quoted from the deed appears to me, on the maturest 
reflection, to express no more and no less than the 
school law, according to the construction herein given 
to it, would have expressed without the deed ; the 
provision in the deed is exactly in the sj^irit of the 
law, and neither adds to nor lessens the rights and 
]30wers of the district or trustees. 

If the first passage quoted from the deed does not 
vary the rights of the district from what they would 
be, if there was no such provision in the deed, the 
latter proviso appears for the same reason to contain 
no limitation, as to the use of the house, which would 
prevent its being used for the purposes for which I 
have said the law, apart from the deed, would au- 
tliorize. 

Elisha R. Potter, C. P. S. 

I have carefully considered the above opinion 
and approve of the same. I have also consulted with 
Judges Haile and Braj^ton, who concur with me in 
opinion. 



1853. 

See No. 12. 



Richard W. Greene, C. J. S. C. 



DECISIONS EELATINa TO PUBLIC INSTKUCTION. 125 

DECISION No. 6. 
School District No. 12, Burrillville. 

A vote of a school district to tax cannot be rescinded after a lawful con- 
tract has been made under it. 

The fact of the tax being assessed, or of its having 
been approved hj the committee, would not take from 
the district the right to rescind it. The whole turns 
upon the question whether a contract was legally en- 
tered into under the vote of the district, and I am of 
opinion that it was. The district, therefore, could not 
rescind it after the contract was made, without being 
liable to a suit for damages or to a ijrocess like that 
now apxjlied for. 

As a general rule, it is not advisable for district 

of&cers to proceed in expending money or making a 

contract unless they are satisfied that a majority of 

the taxpaj^ers, absent as well as present, are fairly in 

favor of it. A mere accidental majority occasioned 

by absence of opponents is unsafe. And if a case 

should arise where district officers should undertake 

to avail themselves of such an accidental majoritj^, 

and there should be any appearance of a design to 

anticiijate or prevent a repeal of the tax by entering 

into a contract before there could be time for having 

another meeting, the commissioner of public schools 

would not lend the aid of his office to the enforcement 

of it, but would leave the parties to their action at 

law. 

Elisha R. Potter, C. P. S. 

1853. 

I approve of the above decision. 

Richard W. Greene, C. J. S. C. 

See No. 7. 

11* 



126 



SCHOOL MANUAL. 



DECISION No. 7. 



School District No. 7, BuTrillville. 



1. A distinct may rescind a vote or- 
deriiij? a tax, and postpone the 
payment of it. 

-9. A district may borrow money and 
give a note. 



Costs of suits in court against a 
district must be paid by the 
district. 



The question is presented whether a district having 
voted a tax according to a particular town valuation, 
can rescind the vote, postpone the payment, and hire 
the money upon a note of the district. 

I cannot see any objection to the right of a district 
to rescind a vote ordering a tax and postpone the 
payment of it. The object and effect may sometimes 
be to include property and persons afterwards com- 
ing into the district. Whoever comes into a school 
district becomes a sharer in all the advantages of the 
school and district property. If, by their coming, an 
addition to the schoolhouse is made necessary, such 
new comers or new property do not pay the whole ex- 
pense of such addition : the former inhabitants and 
23roperty have also to pay a portion, and, sharing in 
all the advantages of former taxation, it does not 
seem unreasonable that the new property should also 
share in the burdens. In the present case the school- 
house was probably built larger than would have been 
necessary if it had not been expected that there 
would be an addition to the population of the district. 

Any creditor of the district who may be injured by 
such postponement has a remedy provided by law. 

As to giving notes, a district has the undoubted 
right to make contracts for certain purx^oses, upon 
which contracts they may be sued and the debt and 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 127 

interest recovered of them. A note given to such a 
contractor wonld be only additional evidence of his 
claim. And there seems to be no legal objection to 
the district hiring money of a third jDcrson to jjay a 
just debt contracted for pur^Doses authorized by law. 
This has been the construction always put upon the 
law in practice, and it appears to me sound. 

An objection is also made to costs and attorney's 
fees. The costs of court in a suit decided against the 
district must of course be paid by the district. And 
the reasonable charges of an attorney for defending 
the suit are proper to be allowed. But services ren- 
dered bj^ an attorney to any person in contests with 
other persons in the district about district business 
must be paid for by the person for whom they are 
performed. 

Objection is also made to allowance of compound 
interest. This could not be recovered of the district 
at law, but I see no objection to the district's agree- 
ing to pay it, and paying it if they see fit, as it would 
be in the power of the school committee to prevent 
any excess or abuse of the right. 

I therefore confirm the vote of the committee ap- 
proving of said tax. 

Elisha R. Potter, C. P. S. 

1853. 

See No. 6. 
See No. 10. 
See Xo. 41. 



128 



SCHOOL MANUAL. 



DECISION No. 8. 



School District No. S, North Providence. 



1. A person who has the legal qual- 

ifications may vote in district 
meetings even though his name 
is not on the town voting list. 

2. A district has no right to build 

on a lot till it has a legal title 
to that lot. 

3. Registry voters may vote to ask 

division of a district. 



The power to divide a district 
lies with the school commit- 
tee. 

A district should not make a con- 
tract to build till a lot has 
been secured and the plan ap- 
proved. 



It appears from the statement and admissions of 
the parties, that a meeting duly notified was held 
August 17th, to reconsider all action relating to 
building the house, etc. At this meeting a motion 
was made to rescind the former proceedings, and as 
declared by the moderator, the vote stood 22 to 22, 
and the motion was declared rejected. It is admitted 
that five who voted for rescinding, and four who voted 
against it, had no right to vote. It is contended that 
Asa M. Allen, who voted for rescinding, had no right 
to vote. He was a resident and owned real estate, 
and according to previous decisions he had a right to 
vote without his name being on the town registry. A 
certificate is produced from the assessors to show that 
Charles Leonard and Crawford Martin, two who voted 
against rescinding are not taxed for real or personal 
property. Of course, not being liable to pay a portion 
of the tax, their votes should have been rejected. 
The vote, therefore, stands seventeen for rescinding 
and sixteen against rescinding, and the votes for 
building, etc., were legally rescinded. 

This of course disposes of all questions relating to 
building, but the following points were made and 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 129 

argued, and therefore, to prevent further agitation, I 
give my opinion upon them. 

I am of opinion that a district has no right to 
build upon a lot until they have acquired a legal 
title to it, either by lease, deed, or by taking it by 
XDrocess of law. And in the latter case, either the 
time for appeal to the Court of Common Fleas should 
have elapsed or the appeal have been decided. The 
latter caution is necessary because the jury on appeal 
have a right to alter the location or wholly reverse all 
the proceedings. 

It has been previously decided that a district has 
no right to take a deed of a house for religious pur- 
poses. 

If the question of the propriety of dividing the 
district be proposed in district meeting, registry 
voters have a right to vote, because it merely amounts 
to an expression of opinion, and the whole power to 
divide rests with the school committee to whom the 
vote of the district is a mere recommendation to be 
weighed according to its deserts. And registry voters 
can by law vote upon all questions except taxing or 
expending money. 

It was also contended that the location must be 
made, a lot legally iDrocured, and the plans approved 
before a contract can be legally made to build. In 
the present case the contract was made first. The 
question is a most important one, because, if a 
district proceeds before these things are done, it 
would often lead to a wasteful expenditure of the 
district's money, if the lot was not procured or the 
proceedings approved of, and also because innocent 
parties who contract to build may suffer in conse- 
quence. In regard to claims of contractors against 



130 SCHOOL MANUAL. 

building committees or districts, those cases must of 
course be decided by the courts of law; but I think 
it is the duty of the school committees and school 
commissioner to guard against a wasteful expenditure 
of mone}^ by a district majority in all cases where 
they can do it, and it may frequently be in the ijower 
of the commissioner to do it on appeal. And it seems 
to me i^lain (without undertaking to decide how in- 
nocent third parties may be affected by their acts,) 
that neither the district nor its officers have any right 
to make a contract until the lot is fixed and procured 
and the plans approved of. 

The appeal was also made from all doings of the 
committee in relation to dividing the district ; but I 
do not see anything upon which the commissioner can 
act. The committee merely decided that the district 
had not asked to be divided. They did not reject the 
application. Anj^ individual has a right to petition 
the committee for a division, and it would be a matter 
of discretion in the committee to adopt or reject it. 



Elisha R. Potter, C. P. S. 



1854. 

See No. 18. 
See No. 20. 
See No. 23. 
See No. 25. 
See No. 26. 
See No. 27. 
See No. 39. 



DECISION No. 9. 



A qualified voter, if he be not a property holder, is 

eligible to ofl&ce. 

Elisha R. Potter, C. P. S. 

1854. 

See No. 57. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 131 

DECISION No. 10. 
Josepli 0. Clarke vs. School District Xo. 7. 

A school district may borrow money upon the note of the district. 

The facts material of this case are these : 

That this school district contracted debts to a con- 
siderable amount, in building a schoolhouse, and for 
other school purj)Oses, and for expenses incurred in 
certain actions and suits in which the district was 
concerned, which debts, it was conceded, the district 
was in law bound to pay ; that instead of levying a 
tax on the ratable property of the district to raise the 
monej' for the payment thereof, the district hir-ed of 
the several individuals named as payees of the prom- 
issory notes, declared upon in this action, for the pur- 
pose of paying said debts with the money borrowed ; 
that the said promissory notes were given by the dis- 
trict for the monej' so borrowed, and that the money 
borrowed was applied to the payment of said debts. 

The question was raised, whether these promissory 
notes are valid and binding upon the district, or are 
void ; whether a school district has power to raise 
money by borrowing, for the payment of its debts 
lawfully contracted, and to give its promissory notes 
therefor. 

A corporation maj^ bind itself bj^ a negotiable 
promissory note or bill of exchange for any debt con- 
tracted in the course of its legitimate business ; that 
is, in any matter which is not foreign to the purposes 
of its creation. 

A school district (a corx^oration under the school 
act) by giving its promissory notes for monej^s hired 



132 SCHOOL MANUAL. 

to discharge debts, incurred in the building of a 
schoolhouse and otherwise, in so doing was not con- 
tracting debts in a manner foreign to the purposes of 
its creation ; and the provision of the scliool act giv- 
ing this class of corporations power to raise money 
by taxation, cannot be construed to forbid a borrow- 
ing of money for a legitimate purpose. 

George A. Brayton, A. J. S. C. 
1855. 

See No. 7. 



DECISION ^o. ] 1. 



Building committee ordinarily has power to give orders on treasurer for 
payment of bills contracted by them. 

If a district vote to build or repair a schoolhouse, 
and appoint a building committee for that purpose, 
and the building committee be empowered by general 
terms as "to build" or "repair" as distinguished 
from merely contracting for the same, that is, be 
armed with general iDOw-ers to carry through the pro- 
ject of the district, such powers would include as 
incidental the power to give orders on the district 
treasurer for the payment of those employed by them. 

If, however, the power of the committee be so re- 
stricted by the form of the vote as to exclude, or not 
naturally to include, this power, then it belongs to the 
trustees of the district, in whom is the general cus- 
tody, in the sense of care, of the proiDcrty of the dis- 
trict, and w^ho are exjpressly armed with all powers 
necessary to carry out the powers and duties of the 
district. 

Samuel Ames, C. J. S. C. 

1858. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 13B 

DECISION No. 12. 
School District No. 1, Bcirrington. 

A schoolhoiise may be occupied for a singing school, when such occupation 
does not interfere with the ordinary school, without the consent, or even 
against the vote, of the district. 

The question at issue is manifestly without the juris- 
diction of the district, and has already been decided 
upon by the proper tribunal, viz. : by the commissioner 
of public schools, approved by the Chief Justice of 
the SuxDreme Court. 

With regard to the instance cited in said appeal, 
the use of the house for a sinking school, as a viola- 
tion of such decision, I am of opinion that the use 
of said house for such instruction is perfectly legiti- 
mate "to purposes connected with public instruction." 

Instruction in vocal music is a part of our system 
of public education, and is so recognized and paid for 
by the city of Providence out of the " teachers' 
money," and is recognized and employed as an impor- 
tant element of education in nearly all the rural dis- 
tricts of our commonwealth. Many of our school 
committees insist ux)on its introduction into the public 
schools, and nearly all the school reports which reach 
the office are emphatic in its recommendation. And 
certainly if the younger children may be instructed 
in vocal music in the public schoolhouse, and this too 
during school hours, there can be no legal objection 
why their older brothers and sisters and friends maj^ 
not receive such instruction at the same place out of 
school hours. 

Nor is the fact that the teacher receives pecuniar}^ 

12 



134 SCHOOL MANUAL. 

compensation from his pupils pertinent to the ques- 
tion; for to allow it to be so would be to question the 
legal use of schoolhouses for public schools, many of 
the sessions of which are prolonged by private sub- 
scriptions, and are of course kept, in the same sense 
in which the one is kept to which reference is made, 
by "private" individuals. 

The manner in which any teacher is paid, or whether 
his services are gratuitous, does not affect the ques- 
tion in point. Moreover, such a legitimate use of the 
schoolhouse would not require "the general consent 
of the tax-paying voters," said "private individual" 
having permission for occupanc}^ from the trustees of 
said district, in whom the law places the custodj' of 
the schoolhouse. 

Joshua B. Chapin, C. P. S. 

1860. 

Approved. Samuel Ames, C. J. S. C. 

See No. 5. 



DECISION No. 13. 



The same person may hold the office of clerk and 
that of either treasurer or collector, but the same 
person cannot be hotli treasurer and collector. 

Samuel Ames, 0. J. S. C. 
1863. 



DECISIONS EELATING TO PUBLIC INSTRUCTION. 135 

DECISION No. 14. 
School District No. 8, North Providence. 

A call for a meeting signed hj a de facto trustee is valid. 

' In appeal of Waterman B. x^ngell and others from 
acts of trustees in calling the meetings of said district 
held on the 18th and 27th of June. 

The facts upon the points at issue were these. At 
the annual meetings of said district for the years 
1862, 1863 and 1861:, as appears by the clerk's record, 
Ralph P. Devereux, Charles A. Boyd and Henry 
Armington were successively elected trustees. It 
was contended by appellants and admitted by re- 
spondents that Charles A. Boyd was not at the time 
of his election eligible (Art. IX, § 1, Constitution 
of R. L), to the office of trustee, he being a certificate 
voter, and by the Constitution (Art. II, § 1,) en- 
titled to vote for general officers only. 

It was also contended that a school district must 
elect either one or three trustees (Title X, cap. 61, 
g 0, Revised Statutes,) and in this case, inasmuch 
as the district had decided to elect, and did elect, 
three trustees, only tico of whom were eligible, the 
third not being qualified to hold the office, therefore 
all the acts of these trustees were void. 

It did not appear that there was the slightest sus- 
picion, during the entire period for which said Boyd 
had held the office of trustee, either upon the part of 
the voters of the district or of the trustees, that he 
was not a legal and legally elected officer, or that he 
acted otherwise than in good faith. It has been de- 
cided that "a person by color of election, may be an 
officer de facto, though indisputably ineligible." 



136 SCHOOL MANUAL. 

I am therefore of opinion that the said Charles A. 
Boyd, though ineligible to the office of trustee, was 
by color of election, de facto one of the trustees, that 
his office was voidable only and not void, and that the 
acts of said trustees in calling the meetings held re- 
spectively on the 18th and 27th of June, 1864, and 
from which appeal was taken, were legal and binding 

acts. 

Joshua B. Chapin, C. P. S. 

1864. 

Approved. Samuel Ames, C. J. S. C. 

See No. 31. 
See No. 45. 
See No. 58. 



DECISION No. 15. 



A district has no right to expend the money of the 

coming year. 

Elisha R. Potter, A. J. S. C. 

1868. 



DECISION No. 16. 



In cases of temporary absence, declining or refus- 
ing to serve, or misconduct, unless the declination or 
refusal is in writing, or capable of positive proof, 
reasonable notice should be given to the officer to 
appear and show cause why the office should not be 
declared vacant. 

Elisha E. Potter, A. J. S. C. 

1873. 

See No. 60. 



DECISIONS KELATINQ TO PUBLIC INSTRUCTION. 137 



DEOISIOX -No. 17. 

Edward W. Rowland vs. School District Xo. 3, of 
Little Compton. 



A vote by tile district to locate is 
not a vote to erect. 

The district has no power to lo- 
cate ; this must be done by the 
committee. 



A delegated power of condemn- 
ing property must be exercised 
strictly in accordance with 
terms of its delegation. 



This is trespass and ejectment for a lot of land in 
Little Compton, which it is admitted belongs to the 
plaintiff nnless the defendant has acquired title by 
taking it for a schoolhouse lot under Gen. Stat. R. I. 
cap. 53, § 5, being the same as Pub. Stat. R. I. cap. 
56, § 5. We think that § 5, though not quite clear 
in all respects, is clear in this respect, namely, that, 
where a town has a district organization, the school 
committee is authorized to appoint appraisers to de- 
cide upon the value of land fixed upon by the com- 
mittee as the site of a schoolhouse in any district, 
after the district has voted to erect a schoolhouse, 
no authority to make the appointment being given 
until after such vote. It follows that in such a case 
an appointment before the vote is unauthorized and 
void, and consequently that any valuation of the 
land by the appraisers so appointed, and any tender 
to the owner in pursuance thereof, are ineffectual to 
divest the title of such owner and vest it in the dis- 
trict. 

We think the proceeding under which the defend- 
ant claims is defective in this particular. The records 
of the defendant district and of the school committee, 

12* 



138 SCHOOL MANUAL. 

copies of which were put in evidence at the trial, 
show that the proceeding was as follows, to wit : A 
meeting of the district was held April 14, 1S75, for 
the purpose, among other things, of " considering the 
expediency of building or repairing the schoolhouse 
in said district." At the meeting it was voted "to 
repair the schoolhouse," and that " Charles Staples 
hire money for the present use, if needed, for the 
repairs of the said schoolhouse." Subsequently a 
special meeting was notified for May 22, 1875, "for 
the purpose of taking such measures as may be 
deemed necessary for the location of a district 
schoolhouse." 

At the meeting held pursuant to this notice it was 
voted, "that we locate the district schoolhouse on 
the ground of the old schoolhouse," and "that the 
trustee jDetition the school committee to lay out a lot 
of a suitable size for a district schoolhouse." Under 
the latter vote the trustee petitioned the school com- 
mittee, Avhich was in session the same day, " to locate 
a site for a district schoolhouse for district No. 3." 
The school committee, acting on this petition, fixed 
upon the old schoolhouse lot, being the lot in suit, 
and defined its bounds. An attempt was then made 
to agree with the plaintiff as owner, which failed. 
There npon, on application of the trustee, the school 
committee appointed appraisers who valued the land 
at |45. Upon their report the district voted to ten- 
der the $45 to the plaintiff as owner, which was done 
June 10, 1875. 

The recital shows no vote of the district to erect a 
schoolhouse. There is no proof of any such vote 
prior to the appointment of the appraisers. Possi- 
bly it may be thought that the vote to locate implies 



^ DECISIONS RELATING TO PUBLIC INSTRUCTION. 139 

a vote to erect, and is therefore equivalent to it. We 
•do not think so. The vote to locate was, in point of 
law, a mere nullity, the powder to locate being in the 
school committee. The vote was merely an expres- 
sion of preference. The statute contemplates that 
the selection of the site shall precede the vote to 
build. Moreover, it does not appear thai the dis- 
trict ever supposed or claimed that the vote to locate 
was equivalent to a vote to erect. On the contrary, 
the record shows that at a special meeting of the dis- 
trict, August 27, 1875, held pursuant to notice, "for 
the purpose of considering the question of building 
or repairing the district schoolhouse," it was voted 
^' to recede from repairing the old schoolhouse," and 
"" to build a new schoolhouse." The inference is that 
the district then considered the vote to reijair as still 
in force, and that the vote to build still remained to 
be adopted. It is hardly necessary to say that if the 
appraisal was unauthorized, and consequently void, 
when made, for want of a precedent vote to build, 
this subsequent vote was without effect, as against 
the plaintiff at least, to ratify or confirm it. The 
power to take property in invitum is a sovereign 
power, and, when delegated, must be exercised in 
strict conformity with the terms of its delegation, or 
otherwise the exercise will be invalid. 

Thomas Durfee, C. J. S. C. 

1885. 

See No. 19. 



140 SCHOOL MANUAL. 



DECISIOIsr No. 18. 

Edward W. Howland vs. School District No. 3, 
Little Compton. 

t. Pub. Stat. E. I. cap. 56, § 5, does | district votes to build the 

not imperatively require that | schoolhouse. 

the location of a district school- 2. On a motion to quash proceed- 
house shall be fixed by the ; ings, only defects apparent on 

school committee before the the record can be considered. 

After the rendering of decision No. 17, the district 
instituted new proceedings to condemn for school 
purposes the lot in question. From this condemna- 
tion Howland appealed to the Court of Common 
Pleas for the County of Newport, at its May Term, 
A. D. 1886. The Court of Common Pleas, on motion 
of the appellant, quashed the proceedings of condem- 
nation, and the school district, the appellee, brought 
its exceptions to the Supreme Court. 

OPINION. 

This is an appeal from proceedings instituted by 
school district No. 3, in Little Compton, to acquire 
by condemnation a lot of land in said district belong- 
ing to the appellant Howland, for the erection of a 
public schoolhouse thereon. The appeal was taken 
to the Court of Common Pleas, and comes here on 
exceptions. At the trial in the court below, the 
district put in the record of its proceedings and 
rested. The appellant moved to quash the proceed- 
ings, on the ground that they do not show a legal 
condemnation. The court granted the motion, be- 
cause it appears by the record that the vote of the 



DECISIONS KELATING TO PUBLIC INSTRUCTION. 141 

district to build the schoolhouse preceded the selec- 
tion of the site by the school committee, the court 
being of opinion that the selection must precede the 
vote. 

The statute, Pub. Stat. R. I. cap. 56, § 5, i)rovides 
that " in case the school committee shall fix upon a 
location for a schoolhouse in any district, .... and 
the district shall have passed a vote to erect a school- 
house," then, if the owner of the lot selected shall 
refuse to convey it, or cannot agree for the price of 
it with the district, the committee shall appoint ap- 
I)raisers who shall determine the i)rice to be paid, 
and that wpon tender or payment thereof the title 
of the lot shall vest in the district. The statute 
does not expressl3^ jDrovide that the selection of the 
site shall precede the vote to build, but only that 
the selection and vote shall both i3recede the steps 
next to be taken. In the former case between 
the parties to this proceeding the court remarked, 
" the statute contemplates that the selection of the 
site shall precede the vote to build." The remark 
was an infei'enco from the order in which the two 
acts are mentioned, and from the suj)position that 
a district, before voting to build a schoolhouse, 
would naturally like to know where it is to stand 
when built. We see no reason to retract the re- 
mark ; but it does not follow, because it may be 
inferred that a particular order of procedure is 
contemplated, that it is therefore commanded ; and 
unless we can find that the order is in effect com- 
manded, we cannot hold that a deviation from it is 
fatal, so long as the statute is literallj^ complied with. 
The question then is, not whether the statute con- 
templates, but whether it imperatively requires, that 



142 SCHOOL MANUAL. 

the selection of the site shall precede the vote to 
build. The General Assembly knew, of course, when 
the statute was enacted, that its execution would 
often devolve on plain men, unskilled in the kind of 
work which it imposes, and it is therefore reasonable 
to suppose that they intended to express their mean- 
ing so that it would be readily understood. But, if 
they had intended that the selection of the site should 
necessarily precede the vote to build, it would have 
been natural for them to add the word " thereon," or 
some equivalent expression, after the words " erect a 
schoolhouse." The word or expression may have 
been omitted because such was not their intention. 
We see nothing to warrant our making the addition 
by construction. Our conclusion is that the court 
below erred in quashing the proceeding for the 
reason assigned. 

The appellant contends that the proceeding, if not 
void for the reason assigned by the court below, is 
void and ought to be quashed for other reasons, to 
wit: because it does not appear that the notices given 
•of the district meeting were posted in such public 
places as the law requires, or that they conformed to 
the law ; and because the record does not show at 
what hour the meeting was held. We do not dis- 
cover any fault in the notice as recorded in point of 
form. It is in the form given in the Rhode Island 
School Manual. It states the time, place, and pur- 
pose of the meeting. It bears date six days before 
the meeting notified, and is signed by the trustee. 
It meets the requirement of the statute. Pub. Stat. 
R. I. cap. 52, §§ 3, 5. The record does not state spe- 
cifically how or where the notices were posted, but 
states that the meeting '^ was duly notified by post- 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 143^ 

ing two notices of the time, place, and object of said 
meeting in the district for five daj^s previous to the 
day of meeting." It may be questionable if this 
statement would be sufficient at common law, but 
our statute, Pub. Stat. R. I. cap. 58, § 11, provides, 
" The record of the district clerk that a meeting has- 
been duly or legally notified shall be prima facie 
evidence that it has been notified as the law re- 
quires." We think the statement is prima facie 
sufficient under this jjrovision. The record does not 
state in express terms at what hour the meeting was 
held, but it describes the meeting as that which was 
notified, and the notice appoints the hour. A meet- 
ing held at any different hour would not be the meet- 
ing which was notified. We do not think the record 
is fatally defective in this respect. 

The appellant contends that the proceedings should 
be quashed because there is no record of any vote to 
build on the lot located by the school committee. 
This merely raises in another form the question 
which we have first decided. The statute does not 
require a vote to build on the lot located, but, as we 
have seen, only requires a location of the lot by the 
committee, and a vote to build a sehoolhouse by the 
district, as a prerequisite to subsequent proceedings. 

A motion to quash can be granted only for defects 
apparent on the record. We can know nothing of 
defects or errors which may be brought to light by 
the evidence. We do not think the proceeding 
should be quashed for any defect pointed out by the 
appellant. 

Thomas Durfee, C. J. S. C. 

1887. 



See No. 8. 



144 SCHOOL MANUAL. 

DECISION No. 19. 

Edward W. Howland vs. School District No. S, Lit- 
tle Co7npton. 

When a school district attempted to condemn land under Pub. Stat. E. I. 
cap. 56, § 5, and the records of the district did not show that the "pro- 
prietor of the land refused to convey the same, or could not agree 
with the district for the price thereof* the proceedings must be 
quashed. 

This is an appeal from the doings of school district 
No. 3, of the town of Little Comi3ton, and of the 
school committee of said town, in condemning for 
school purposes a certain lot of land in said district 
belonging to the appellant. The appeal was taken 
to the Court of Common Pleas, and comes before us 
on exceptions after jurj^ trial in that court. 

At the trial, after the records of the proceedings 
of the district and committee had been X3ut in evi- 
dence and verified, and other testimony had been in- 
troduced in suj)port of condemnation, and the dis- 
trict had rested in its opening, the appellant inoved 
that the proceedings of the district be quashed, be- 
cause it did not appear that the appellant, owner of 
the land condemned, could not agree with the dis- 
trict for its ijrice. The statute requires that, before 
condemnation, '^the proprietor of the land shall re- 
fuse to convey the same, or cannot agree with the 
district for the price thereof." Pub. Stat. R. I. cap. 
56, §5. The records of the district do not show that 
the district ever authorized any x)erson to larocure a 
convej^ance, or to agree on its behalf with the appel- 
lant, but only show that at a meeting held three daj^s 
after the school committee had selected the lot, the 
trustee of the district, who had been appointed to ask 



DECISIONS KELATING TO PUBLIC INSTEUCTION. 145 

the school committee to select a lot. reported that he 
was unable to get aii}- price on it. The records of the 
district are clearly defective in this particular, since 
a refusal to give the trustee a price cannot be held to 
be a refusal to give the district a price, and does not 
show that the appellant could not have agreed with 
the district, the trustee having no authority to repre- 
sent the district. The counsel for the district con- 
tends that the acceptance of the trustee's report 
amounted to an adoption of his agency, and supplies 
the want of a jDrior a]3pointment. We do not think 
the acceptance can have this effect, there being noth- 
ing to show that the appellant received the trustee as 
the representative of the district, and intended to 
have his refusal to treat with him regarded as a re- 
fusal to treat with the district. Nor do we think the 
defect is aided by the record of the school commit- 
tee, since their record does not state or find it to be a 
fact that the district and the appellant could not 
agree, but only that the trustee so stated when he 
applied for the appointment of appraisers. 

The trustee was called as a witness by the district, 
and testified that, " after the school committee located 
the site, I was directed to buy the laud of Howland. 
I saw him and he would not sell, and I reported to 
the district." The counsel for the district contends 
that the defect is supplied by this testimony. The 
district and the school committee were acting in pur- 
suance of a special jurisdiction, and according to the 
ordinary rule it was for them to show affirmatively 
that they acted within their authority, or the contrary 
will be presumed. The district and the school com- 
mittee, in condemning land for school purposes, per- 
form a public function judicial in its nature, and 

13 



146 SCHOOL MANUAL. 

their records are the proijer proof of their acts. We 
have come to the conclusion that the motion to quash 
ought to have been granted. The motion, however, 
was unreasonably delayed. It might have been made 
immediately after the proceeding was brought to the 
Court of Common Pleas on appeal, and, if then made, 
much trouble and exj)ense would have been avoided. 
We shall order the proceedings quashed without 
costs. 

Thomas Durfee, C. J. S. C. 

1888. 

See No. 17. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 147 



DISTRICT MEETINGS. 



DECISION Ko. 20. 

In the election of a committee to purchase land for 
site of a schoolhonse which has been axDprovecl ac- 
cording to law and the price of which is known to the 
meeting at the time of making such appointment, and 
in the election of a building committee for the build- 
ing of that which has been lawfully approved, the 
moderator may receive the vote of any resident of 
the district, who is at the time qualified to vote in 
town meeting for town officers. 

Henry Barnard, C. P. S. 

1848. 

Approved. Eichard W. Greene, C. J. S. C. 

See No. 9. 



DECISIOX No. 21. 



It is the duty of the moderator to put all questions 
to vote. 

Elisha R. Potter, C. P. S. 

1848. 



148 SCHOOL MANUAL. 

DECISION No. 22. 
School District No. S, North Providence. 

Omissions in the records of school officers may be supplied on proper 

evidence. 

Evidence to correct or supply omissions in the rec- 
ords of school officers, I think may properly be ad- 
mitted. In the case of clerks of districts, it seems 
absolutely necessarj^ as they are often unacquainted 
with the forms of doing business. In the case of 
a school committee, however, the presumption is 
stronger that they are competent men, and will be 
careful to see that their record is well kept. Yet 
even here great mischief might result from excluding 
all evidence other than the record. But it should be 
received with great caution, as after any considerable 
length of time parties might not recollect it alike. 

Elisha R. Potter, C. P. S. 

I approve of the above decision. 

Richard W. Greene, C. J. S. C. 

1853. 

See No. 14. 
See No. 31. 
See No. 45. 
See No. 58. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 149 

DECISION No. 23. 

School District No. S, North Providence. 

1. Qualifications of voters in district I 2. Kesidence of voters, 
meetings. ' 

The question turns upon the legality of the votes 
of Finigin and Heaton, which had been struck off by 
the school committee. 

It appears in evidence that Finigin is a naturalized 
citizen, and a resident in said district ; that he has 
owned real estate sufficient to qualify him to vote 
since September 4, 1850 ; that his naturalization i3a- 
pers are dated March 4, 1851, and that he is taxable 
in the town, and is liable to be taxed in the district 
for the house in which he lives. It was contended 
that, his name not being on the town voting list, he 
could not, for this reason, be allowed to vote in dis- 
trict meetings. The qualifications for voting in dis- 
trict meetings are identical with those for voting in 
town meetings, with the same proviso as to voting 
upon any question of taxation. But the restriction 
which forbids the moderator to receive the vote of 
any one whose name is not on the voting list, is not 
contained in the school laws as a restriction to voting 
in district meetings. A moderator is therefore bound 
to receive and count the vote of a person who is a 
citizen and a holder of real estate in a district, when- 
ever he has resided in it a sufficient length of time, 
-even if his name is not on the voting list. Such is 
the opinion of the late commissioner of public schools, 
in the case of Asa M. Allen. 

In the case of Heaton, it is testified, that he became 
of age on the 28th of December, 1853, that he holds 

13* 



150 SCHOOL MANUAL. 

Tiudivided real estate to a sufficient amount to qualify 
him to vote, and that he is a resident in said district. 
It is objected that, prior to August 17, 1851, he re- 
moved into Massachusetts, and thus lost his citizen- 
ship in Rhode Island. In opposition to this it was 
proved that he went into Massachusetts for a merely 
temporary purpose, and that he never intended to 
change his abode, and that his estate, his business, 
and his real home, remained in Rhode Island. It ap- 
pears to me that the principles which ought to govern 
in deciding questions of domicile or residence, as laid 
down by Judge Story in his .Conflict of Laws, and 
quoted in Appendix Xo. 9 to the Report of the Com- 
missioner of Public Schools for 1851, would render 
Heaton still a citizen and a voter in district meetings 
in Rhode Island, since his intention of only tempo- 
rary removal seems plain. 

It is, therefore, my opinion that the votes of Finigin 
and Heaton ought to be counted as against said mo- 
tion to rescind. The vote will then stand seventeen 
a^^es, eighteen nays ; and the motion is lost. The 
-several votes of the district relating to building are 
therefore still unrescinded, and of the same force and 
validity as if such motion had not been made. 

ROBEET Allyx, C. p. S. 

Approved. George A. Braytox, A. J. S. C. 

1854. 

See No. 8. 
See Xo. 25. 
See Xo. 26. 
See Xo. 27. 
See Xo. 39. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 151 

DECISION No. 24. 

ScJiool District No. S, North Providence. 

All business of special meetings of school districts must be specified in 
the notice of the meeting. 

The commissioner is of opinion that an election of 
trustees at a special meeting, the notice whereof did 
not si)ecify that business, cannot be considered valid. 
Section 29 of the school law enacts that notice of the 
time, place, and object, of every special meeting shall 
be given. The notice i3ut up for a meeting to be 
held on the Gth, contained no specification concern- 
ing the election of a trustee ; and as this meeting 
was adjourned, and another notice was posted up, it 
must be held that. the meeting of the 15th was not 
competent to elect a trustee — an item of business not 
named in the original warrant. If it is said that a 
motion Avas made to accept the resignation of Trainer, 
and this being postponed to the next meeting was a 
sufficient notice of the intention to elect a trustee, it 
will be an ample reply to say that such postpone- 
ment cannot be considered a notice according to the 
requirements of the law. For section 30 of the school 
law specifies the mode of notice, which is " by pub- 
lishing in some newspaper, or by putting up notice, 
or in such manner as the school committee may re- 
quire." The notice certainly was not given in any of 
these three ways. It may also be said, that if the law 
requires the business of every special meeting to be 
named in the warrant, trustees, if so disposed, might 
prevent action on any necessarj^^ matter by failing or 
refusing to insert it as an item in the warrant calling 



152 SCHOOL MANUAL. 

tlie meeting. But section twenty-seven of the school 
law provides against this by commanding the trustees 
to call a meeting to be held " within seven days, on 
the written request of any five qualified voters, stat- 
ing the object for which they wish it called," and if 
the trustees neglect or refuse to call such meeting the 
school committee may call it and fix the time of hold- 
ing it. 

Robert Allyn, C. P. S. 

1856. 

Approved. George A. Brayton, A. J. S. C. 

See No. 32. 



DECISION No. 25. 
School District No. 7, Burrillville. 

No person to vote on any propo- j 2. To change a vote of a district it 



sition to raise a tax, unless he 
is liable to pay a part of said 
tax. 



must be shown that enough il- 
legal votes were cast to change 
the result. 



The commissioner decides that the school law does 
imperatively prohibit any person from voting on any 
question concerning taxation, unless he has paid, or 
shall be liable to paj^, a portion of such tax ; and on 
examination of the names of persons who voted for 
and against said motion to pay the debts of the dis- 
trict with this money, he finds that no person so hav- 
ing paid a portion of said tax voted in the affirmative, 
and that five persons so having paid a portion of said 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 153 

tax voted in the negative. He, therefore, declares 
that the motion was lost. 



Robert Allyn, C. P. S. 



1856. 

See No. 8. 
See No. 23. 
See No. 26. 

See No. 27. 
See No. 39. 



DECISION No. 26. 

School District No. 2, Cranston. 

Any resident of a school district, qualified at the time as a registered voter 
to vote in town meeting, is entitled to vote in the district meeting to 
assess a tax for the repair or improvement of the district schoolhouse, 
provided he be liable on account of his personal estate to contribute to 
the tax for which he votes, although he has never been assessed for such 
personal estate, and his name is not upon the last list of town voters. 

Appeal to the commissioner of pnblic schools, from 
the vote of a district meeting of school district No. 2, 
Cranston, ordering a tax of $500 to be assessed upon 
the ratable property of the district, for the purpose of 
repairing and improving the schoolhouse in said dis- 
trict. 

B}^ the statement of facts it appears a vote was 
passed at a district meeting held on the 21st of May, 
1859, by eighteen affirmative, against sixteen negative, 
votes; and the appellants contested the validity of the 
order of assessment by impeaching the right to vote, 
at said meeting, of Horatio N. Randall and Charles 
O. Bennett, residents in said district, both of whom 
voted in the affirmative. It further appears from the 



154 SCHOOL MANUAL. 

statement that Randall was in September, 1858, 
assessed in the town of Cranston, for town taxes, the 
sum. of $3.65 upon real estate valued at $1,200, which 
he paid to the town collector on the 8th day of March, 
1859; and that having, in January or February, 1859, 
sold his real estate, he was in July of that year 
assessed, for town taxes in Cranston, the sum of 
^1.07^ upon personal estate valued at $500 — the same 
estate for which he was assessed for his proportion of 
the tax in question. Bennett's name, though upon 
the registry, was not upon the list of voters of the 
town of Cranston, prepared for the April or June 
elections, 1859. 

Bj^ § 8, cap. 62, of the Revised Statutes, every 
resident in a school district is entitled to vote in a 
district meeting, who is qualified at the time to vote 
in a town meeting, with this further restriction, — that 
to vote upon any question of taxation of property, or 
of expenditure of money raised thereby, he must either 
have paid, or he liable to pay, a portion of the tax. He 
need not, however, be upon the last list of town 
voters ; since such lists are not prepared or made up 
for district, as they are for town, meetings ; and there 
is, therefore, no mode provided hj which he could 
get upon the list, however well qualified he might be 
at the time to vote. 

In this view of the statute, it is plain, that Randall 
was entitled to vote for the tax ordered to be as- 
sessed by the district meeting of school district No. 2 
of Cranston, held on the 21st day of May, 1859. 
Though not upon the town voting list made up 
for the April election, 1859, he was qualified, as a 
registered voter, to vote at the meeting in question, 
by the payment of a tax to the amount of a dollar. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 155 

upon property valued at a sum exceeding one hun- 
dred and thirty-four dollars, assessed within the year 
next preceding, and more than four daj^s prior to the 
time of his voting (Rev. Stat. cap. 22, § 1 ; ca^D. 23, 
§ 14), and although he had parted with the real 
estate ui^on which this tax had been assessed, he was, 
on account of personal estate to the amount of SoOO, 
liable to contribute to, and therefore entitled to vote 
for, the school district tax in question. 

Samuel Aivies, C. J. S. C. 

1859. 

See Xo. 8. 
See No. 23. 
See No. 25. 
See No. 27. 
See No. 39. 



DECISIOI^ No. 27. 



I am satisfied no particular length of residence is 
necessary in a district to entitle a person to vote, pro- 
vided it be bona fide. This was formerly held so, and 
I cannot see any good reason to doubt it. 

Elisha R. Potter, A. J. S. C. 

1872. 



DECISION No. 28. 

Eight of a husband to vote on his wife's real estate. 

1. Any husband who married his wife previous to 
December 2, 1872, and whose wife acquired the proj)- 
erty on which he claims the right to vote previous to 



156 



SCHOOL MANUAL. 



December 2, 1872, is entitled to vote under Art. 11, 
§ 1, if lie is otherwise qualified and if the property 
is a freehold estate of the value prescribed in the 
constitution, whether he has had children by his wife 
or not. 

2. Any husband married since December 2, 1872, 
or whose wife has acquired the property on which he 
claims the right to vote since December 2, 1872, is 
entitled to vote under Art. II, § 1, if he is other- 
wise qualified and if the property is an estate of in- 
heritance of the value prescribed in the constitution, 
provided he has had issue by his wife capable of 
inheriting it, — but otherwise, not. 



1878. 



Thomas Durfee, 
\Yalter S. Burges, 
Elisha R. Potter, 
Charles Matteson, 
John H. Stiness, 



DECISION No. 29. 



Supreme 
Court. 



Emma A. Frink vs. School Committee of Coventry. 



District meeting held under but 
one notice is illegal, even thougti 
all the voters knew of the 
meeting. 



Neglect of duty by a school offi- 
cer renders him liable to a pen- 
alty, but does not invalidate a 
school. 



This was a case where a trustee was elected at a 
meeting called by only one notice, whereupon objec- 
tion was made and the old trustee called another 
meeting by posting tw^o notices, at which meeting 
another party was elected trustee than at the first 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 157 

meeting. The trustee elected at the second meeting, 
hired the appellant, who proceeded to teach the sum- 
mer term of school ; the trustee elected at the first 
meeting having in the meantime surrendered posses- 
sion of the schoolhouse. The school committee, how- 
ever, from doubts as to the legality of the trustee's 
election, refused to recognize the school, though 
notifi.ed of its existence by the teacher according to 
their rules ; and at the end of the term they refused 
to draw an order for the payment of her wages, 
though the proper return, duly signed, was XDresented. 
It was decided. First, that an election held at a 
meeting called by but one notice was invalid, that 
verbal or j)arol notice cannot be accepted in place of 
the plain statutorj' requirement of tivo written notices. 
Second, that a failure of the school committee to 
recognize a school, which was otherwise legal, could 
not be construed into a condemnation of such school. 
Third, that the failure of a school officer to visit a 
school, or to give notice as required by law renders 
the official liable for neglect of duty, but does not de- 
stroy the legality of the school. 

Thomas B. Stockwell, C. P. S. 

1875. 

Appeal to Supreme Court and decision sustained. 

Elisha R. Potter, A. J. S. C. 

1881. 



14 



158 SCHOOL MANUAL. 



DECISION No. 30. 

Annual Meeting of Joint School District No. 17 y 
South Kingstown, and No. ^, Richmond. 

Call for a record vote must be made before the voting begins. 

From a careful examination and consideration of 
the testimony I find the following facts to be well 
established : — That the meeting was duly notified and 
organized, and that its proceedings were without con- 
test till the election of trustee. When the moderator 
announced the election of trustee in order, R. P. 
Smith was nominated and his nomination seconded. 
Other nominations were called for by the moderator, 
but none were immediately made. A call was how- 
ever made for a paper ballot and the moderator pre- 
pared his hat for a ballot box and the voting began. 
Very soon after it began A. E. Wilcox was nominated 
and his nomination seconded, and then a request was 
made that a record of the voters and how they voted 
be kept. This request the moderator did not heed, 
but allowed the ballot to go on till all present who 
Avished to had voted. The votes were then counted 
and found to number 31, of which R. P. Smith had 17 
and A. E. Wilcox and E. A. Wilcox (both forms of 
initials being used) had 14, and R,. P. Smith was de- 
clared elected. 

As to the point in question I do not see how it can 
affect the legality of the election. I think that there is 
no doubt about a call for a record of the votes being 
made, but it is just as clear that it was not made un- 
til after the voting had begun, and if that is so, I 
think that the moderator, not only was not obliged to 



DECISIONS EELATING TO PUBLIC INSTRUCTION. 159 

stop the balloting and begin again, but had no right 
to do so. To acknowledge such a right on the part of 
the moderator would put it in his ]30wer to stop a 
ballot at any point, even after parties, who had 
voted, had left the meeting, and thus enable a minor- 
ity to obtain control. If it be urged that the mode- 
rator allowed the balloting to begin too soon, without 
allowing time enough, it does not so appear from the 
records or the testimony. The impression made by 
both of those sources of information is that no undue 
haste was used. The time for a demand to have a 
record of the votes made was when the ballot was 
called for. It is not pretended that it was made until 
after the nomination of Wilcox which followed the 
call for a ballot. 

In view, therefore, of all these facts the appeal is 
dismissed, and the election of R. P. Smith as trustee 
of said joint district is hereby confirmed and estab- 
lished. 

Thomas B. Stockwell, C. P. S. 

1882. 

See No. 35. 
See No. 36. 



DECISION Xo. 31. 



Annual Meeting School Districts 3 and Jf, XortJi 
Kingstown. 

1. It is not necessary that a district ' 2. The fact that a clerk, d^^ily elected, 

take a formal vote each year is subsequently found to be in- 

upon the question whether it eligible does not render invalid 

will elect one trustee or three. , his records made previously. 

In the matter of the appeal of W. C. Davis et als. 
from the election of Owen G. Gardiner as trustee of 



160 SCHOOL MANUAL. 

Consolidated School Districts 3 and 4 of North 
Kingstown, at the annual district meeting held April 
18, 1887. 

The hearing was held at the district schoolhonse in 
Wickford, on May 28, 1887, at which time the fol- 
lowing facts were adduced: — 

That the annual meeting of said districts 3 and 4, 
North Kingstown, was called by the trustee of last 
year, Owen G. Gardiner, by three notices in proper 
form, posted, one each, at the Belleville deiDot, at the 
town clerk's office, and at the store of Potter and 
Page in the village of Wickford; that the hour for the 
meeting was 7 o'clock ; that the meeting was organ- 
ized by the choice of S. O. Myers, M. D., as moderator, 
and Chas. Stafford, the clerk of the previous year, 
as clerk ; but as Mr. Stafford was absent at that time, 
one McDonald was elected clerk pro tem., who proves 
to be a minor ; that no motion was made to fix the 
number of trustees, but that two candidates were 
nominated for the office of trustee, viz. — Owen G. 
Gardiner and George E. Gardiner, and a ballot taken, 
73 ballots being cast, of which Owen G. Gardiner 
had a clear majority and was declared elected ; that 
the other officers were elected in due form and no 
protest or claim of illegality was made at that time 
so far as appears in evidence ; that Owen G. Gardi- 
ner has been duly engaged and has discharged the 
duties of the office since his election. 

It is also in evidence that in ]3ast years it has been 
customary to post the notices for the district meet- 
ings in the post office, and in the store of George T. 
Cranston, and sometimes in the schoolhonse, and that 
the usual hour for the meeting has been 7^ o'clock. 

It further appears from the records of the district 



DECISIONS RELATING TO PUBLIC INSTKUCTION. 161 

that the clerk, Chas. Stafford, has made out the 
records of the meeting from the minutes taken hy 
Mr. McDonald, the clerk pro tem., and signed them, 
first with McDonald's name and then with his own. 

It also appears that prior to 1883, it was the custom 
of the district to elect three trustees, but that year 
a vote was passed to elect but one trustee, and since 
that time at each annual meeting, without any vote 
upon the question, a single trustee has been chosen. 

After a consideration of the above facts, with the 
law involved in this case, I am of the opinion that 
the appeal is not sustained for the following reasons: 

First. The first question to ask about any meeting 
whose legality is questioned is as to its warrant or 
notice. In this case we find that the number of no- 
tices was one in excess of the number required and 
that they were in proper form. The only question is 
as to whether they were posted in such public places 
as the law contemplates. As to the town clerk's 
office, there can be no question it would seem; it may 
not be as public as the post office, but still it would 
naturally be called, I think, a "public place" for such 
a purpose as this. 

A second one was posted in one of the principal 
stores of the village, but in a different one from that 
where it has been the practice to post It. So far as I 
can see one place is just as public as the other, the 
only difference being that probably each place was a 
centre of resort for different bodies or sets of persons, 
and in case it was posted in either one the party rep- 
resented by the other might complain, provided there 
was a just ground of complaint; but I hardly think 
there was. The third notice was at a railroad station 
in a different part of the district, which is of course a 

14* 



162 SCHOOL MANUAL. 

*' public place," and while it was not where the ma- 
jority of the district would see it or know of it, it cer- 
tainly did give a section of the district notice, that 
otherwise would have had no probable opportunity^ 
of knowing of the meeting. In view of all these 
facts I fail to see wherein the notice of this meeting 
was not strictly legal in form. If we raise the ques- 
tion of the spirit of the proceedings it is incumbent 
on the appellant to show that the proceedings were 
actually or presumably so affected by the question- 
able acts as to prevent a fair expression of the will 
of the people, that they exercised a controlling in- 
fluence in securing the result appealed from. 

The two xDoints presented bj^ the appellants in this 
connection are the places where the notices were 
posted and the hour of the meeting. It may be said 
that such deviations from the usual practice of a com- 
munity are not wise, and certainly lay a person open 
to suspicion, and had the attendance at the meeting 
Ibeen unusually small so that it was clear that a full 
"notice" had not been given, that the district had 
'•been trapped, then there would undoubtedly have 
heen sufficient cause for overthrowing the proceedings. 
But the fact is that instead of being a small meeting 
it was one of the largest, if not the largest meeting, 
■ever gathered in the district. That being the case it 
IS difficult to see how the points complained of could 
have worked to the injury of the district and hence 
I do not believe that thej^ constitute a sufficient 
ground upon which to vitiate the proceedings depen- 
dent upon them. 

Second. As to the point that there was no deci- 
sion by the district of the question whether they 
w^ould elect one or three trustees, prior to the election, 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 163 

and hence that the election was void, I would say 
that the law does not make such a requirement. In 
the School Manual, among the remarks given for the 
guidance and assistance of school meetings and 
school officers, it is stated that " the decision as to 
one or three must be made before the election of 
any." This it is clear cannot have the force of the 
statute law. It is given, like many other of the direc- 
tions, to point out, as nearly as possible, the abso- 
lutely safe way of procedure, but absolute compliance 
therewith cannot be exacted as in case of specific re- 
quirements of the law. If in this case the advice of 
the manual had been followed, this question at least 
could not have arisen. The question is now, is such 
a specific vote or decision an absolute requirement of 
the statute ? It certainly is not required in specific 
terms. If required then at all it must be by infer- 
ence, and in such a way as to make it impossible with- 
out it to carry out the intent of the law. If a district 
wishes to have three trustees, it is quite clear that it 
must so express itself at the beginning, in order that 
the electors may have the fact in mind in their elec- 
tion; and, as has been decided, when a district has 
elected one trustee, it cannot then decide to have 
three, and elect two more. 

But where the desire or intent is to have but one 
trustee; it is the almost universal practice to proceed 
directly to the election of trustee, and one trustee is 
elected. 

The question at once arises whether the nomina- 
tion of a single person for trustee for the ensuing 
year and his election do not determine for all the 
purposes required that but one trustee shall be elected 
for that year. I certainly think so, and especially is 



164 SCHOOL MANUAL. 

this true in case of a district which, like the present 
o ne, has taken a definite vote at some previous meet- 
ing upon this question and since that time has acted 
uniformly in accordance therewith. 

Tliird. We now come to the question of the clerk 
and the validity of his records. There can be no 
question as to his ineligibility. 

It has always been held that all school district 
officers must be qualified voters. Does the fact then 
of his ineligibility render void his acts as clerk ? 
By reference to a decision made in 1864 by School 
Commissioner Chapin and approved by Chief Justice 
Ames, it will be seen that in a similar case the office 
was considered as voidable only and not void ; that 
the officer had a title to his office by color of election 
^nd that until his title was questioned his acts were 
valid. Moreover in this case, where the records have 
been accepted and certified to hj the regular clerk, it 
would seem that the}' must be regarded as valid and 
binding bej^ond all question. 

In view, therefore, of the aforesaid facts and rea- 
sons, I do decide that the annual school meeting of 
districts 3 and 4 of North Kingstown, held April 18, 
1887, was a legal meeting and that its xjroceedings 
were valid and binding in law and that therefore this 
appeal should be dismissed. 

Thomas B. Stockwell, C. P. S. 

1887. 

Approved. Charles Matteson, A. J. S. C. 

-See No, 14. 
See No. 45, 
See No. 58. 
See No, 63. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 165 



DECISION ]S^o. 32. 



Benjamin C. Seahury, Collector of Taxes, vs. Edward 

W. Hoiuland. 



The object of a school district 
meeting must be stated in the 
notice of a special meeting, but 

. need not be stated in the notice 
of the statutory annual meet- 
ing. 

Eecords of district meetings 
should state that the meeting 
''has been duly or legally noti- 
fied," in order to he 2)rwia facie 
evidence of the fact. 

Under Pub. Stat. R. I. cap 51, § 4, 
the amount of a school district 
tax may be approved by the 



school committee after the dis- 
trict has voted it, as well as be- 
fore. 

Ob.]ections to a district tax must 
be raised on an appeal to the 
commissioner of public schools, 
before being carried into court. 

Notice of a special meeting to 
take ''action in regard to the 
collection of the tax already 
assessed" was sufficiently ex- 
plicit to warrant the election 
of a collector. 



This is an action brought by the plaintiff, as col- 
lector of taxes of school district l^o. 3 of Little 
Compton, to recover a tax of $327.17 assessed for the 
district against the defendant. The action was 
brought in the Court of Common Pleas, and there 
tried to the court, jury trial being waived. At the 
trial the plaintiff put in evidence the records of dis- 
trict meetings held April 23, 1885, at which the tax 
was voted, and August 25, 1885, and by adjournment 
September 4, 1885, at which latter meeting the plain- 
tiff' was appointed collector ; also the notices under 
which said meetings were held. The plaintiff farther 
put in evidence the record of a meeting of the school 
committee of the town of Little Compton, at which 
the tax voted by the district was api)roved by the 
committee; and also a record of assessment by the as- 
sessors of taxes showing the amounts assessed against 
the defendant and others. The plaintiff also submit- 



166 SCHOOL MANUAL. 

ted oral testimony to show that the notices were 
given by the assessors of the assessments, and when 
and how they were given, and for other i)nrposes. 
The defendant admitted that notices of the district 
meetings of April 23, August 25, and September 4 were 
posted in due time, and at the same iDlaces as the as- 
sessors' notices were posted. The defendant did not 
offer any testimony, but at the conclusion of the 
plaintiff's testimony asked the court to rule that the 
plaintiff was not entitled to recover, and to enter 
judgment for the defendant, because, besides other 
reasons specifically alleged, the evidence failed to 
show any legal tax in the district, or any cause of 
action against the defendant. The court refused so 
to rule, and entered judgment for the plaintiff. The 
defendant excepted. 

The notice under which the meeting of April 23 
was held stated that one of the objects of the meet- 
ing was "to decide what amount of money shall be 
raised by tax," but nothing more in regard to the tax. 
The defendant objects that the notice was defective, 
because it did not state what the tax was for. We 
do not think the objection is valid. The record shows 
that the meeting was an annual meeting, which is by 
statute a meeting held every year, in April, "for 
choice of officers and for the transaction of any other 
business relating to schools," of which no other 
notice is required than notice "of the time and place." 
It is only when the meeting is special that " the ob- 
ject" is required to be inserted in the notice. Pub. 
Stat. R. I. cap. 52, §§ 2, 5. 

The records of the district meetings of Ax3ril 23 
and August 25 do not set forth how, when, and where 
the notices of the meeting were given, nor that the 



DECISIONS RELATING TO PUBLIC INSTEUCTION. 167 

meetings were " duly or legally notified," which the 
statute declares shall be prima facie evidence that 
notices were given as the law requires. Pub. Stat. 
R. I. cap. 58, § 11. The records simiDly state that the 
meetings were held " according to notice." 

This does not answer the requirement of the statute. 
Bat, as is before stated, the defendant admitted that 
the notices were posted in due time, and at the 
same places as the assessors' notices. The oral testi- 
mony goes to show that the assessors' notices were 
posted in three places in the district which were as 
public as any three places in the district, to wit, one 
on the schoolhouse, one on a building formerly used 
as a grain building, and the third on a board six feet 
long and ten inches wide, fastened in or against the 
roadside wall, facing the road, at the south end of 
the district. The defendant contends that the third 
notice was not posted in a " public place" within the 
meaning of the statute, cap. 52, § 5, because the place 
was not safe as well as public, inasmuch as the board 
being movable, might be thrown down or carried 
away, so that the notice was not likely to remain to 
be read for five days. We do not think we can so 
decide as a matter of law. A notice so posted in a 
quiet, rural district would seldom be disturbed. 

The defendant contends that tlie tax is invalid un- 
der Pub. Stat. R. I. cap. 51, § 4, because it was voted 
April 23, 1885, and approved by the school commit- 
tee of Little Compton, June 13, 1885, whereas the 
amount should have been approved before the dis- 
trict voted it. Section 4 reads as follows, to wit: — 

" Every such district may raise money by tax on 
the ratable property of the district, to supjport pub- 
lic schools and to carrj^ out the purposes given them 



168 SCHOOL MANUAL. 

by anj' of the i)rovisions of this title : provided that 
the amount of the tax shall be approved by the 
school committee of the town." 

In Holt's Appeal, o R. I. 603, decided in 1858, Chief 
Justice Ames expressed the oiDinion that the section 
requires that the amount of the tax " shall be first 
approved by the school committee as a condition of 
the right to raise it.'' In that case, however, the 
amount of tax had been increased after approval be- 
fore it was voted, and as increased it had never been 
approved. The commissioner decided that it was in- 
valid because as increased it had never been ap- 
proved. The question on appeal was whether the 
decision of the commissioner was correct, and Chief 
Justice Ames, in expressing the opinion aforesaid, 
went farther than he needed to go. We are informed 
by the school commissioner that the opinion has not 
been followed, but that it has been the general prac- 
tice, both before and since the opinion, for the school 
committee to give their ajDproval after the tax has 
been voted. It will be observed that the appeal was 
not to the Supreme Court, but to Chief Justice Ames 
as a single justice, and it is therefore not entitled to 
the same weight as if it were the considerate judg- 
ment of the full bench. The opinion on this point 
was given without reasons, and without reference to 
other statutory provisions which seem to imply or as- 
sume that the approval may follow the vote, see cap. 
54, § 4, and cap. 58, § 5, and apparently as a matter of 
first impression. We have come to the conclusion 
that the construction which has prevailed as a gen- 
eral practice is both reasonable and natural and sujd- 
ported by other provisions, and that it should be sus- 
tained. 



DECISIONS EELATING TO PUBLIC INSTRUCTION. 169 

We do not think the objection to the copy of the 
record of approval because not duly certified, or to 
the sufficiency of the vote of approval as too indefinite, 
can be sustained. The certificate appears to be in 
due form. The vote of api)roval was adopted June 
13, 1885, and pur^Dorts to approve '^the tax of $750 on 
district No. 3," and $750 is the amount of the tax 
voted at the meeting of district ^N'o. 3, April 23, 1885. 

The defendant contends that the tax is invalid 
because it does not appear that it was raised for the 
support of public schools, or to carry out the powers 
given the district. We think that the objection can- 
not be raised in this proceeding, but that, under cap. 
58, § 5, the defendant having omitted to appeal, such 
an objection is no longer open. 

The meeting of August 25 was a special meeting, 
and therefore a notice of the object of it was neces- 
sary. The notice given was that the meeting would 
be held for "the purpose of taking action in regard 
to the collection of the tax already assessed." The 
defendant contends that the notice was too inexplicit 
to warrant the election of a collector. We do not 
think so. The statute provides two modes for the col- 
lection of a tax. The district can either commit the 
collection to the collector of the town taxes, or elect 
a collector of its own as it shall deem best. The 
notice was so worded as to enable the district to pro- 
ceed at once to determine the mode, and adopt the 
appropriate measures to carry it into effect. Doubt- 
less the notice might with advantage have been more 
exxDlicit, but it is not the policy of the law to be 
very exacting with such bodies. The language used 
by Chief Justice Parker in Welles v. Battelle, 11 
Mass. 477, 481, is particularly apposite. " Too much 

15 



170 SCHOOL MANUAL. 

strictness in subjects of this nature," he remarks, 
"would throw the w^hole body politic into confusion^ 
for it cannot be expected that in all the corporations 
persons will be every year selected who are capable 
of perfoi'ming their duty with the exactness which 
would be useful and convenient." 

The trustee of district Xo. 3 had authority, in our 
opinion, to issue a warrant to the iDlaintiff as collector 
under Pnb. Stat. R. I. cap. 55, § 4. 

Our conclusion is that no error in law is shown to 
exist in the decision of the court below, and that the 
exceptions must therefore be overruled, and the judg- 
ment of said court affirmed with costs of this court. 

Thomas Durfee, C. J. S. C. 

1887. 

See No. 24. 



DECISION No. 33. 



Special Meeting of School District No. o, Xorth 

Kingstown. 

A call for the purpose of considering the expediency of building a new 
schoolliouse, or of enlarging the old one, will warrant action deciding 
to build and the appointment of a committee to carry out the will of 
the district, but it will not authorize the purchase of a new site, or the 
voting of a tax. 

The .clerk's record of the proceedings was submit- 
ted and agreed to by all x)arties as the statement of 
the facts in the case. 

From said record it appears that, pursuant to a re- 
quest from five legal voters made upon the trustee, 
he called a special meeting of the district on Dec. 23, 
1887, for the following purpose, to wit : "for the pur- 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 171 

pose of considering the exxDedienc}^ of building a new 
schoolliouse, or to enlarge the present one." 

A somewhat careful analysis of the proceedings of 
the district np to the present time divides them into 
three groups; one pertaining to the building of a new 
schoolhouse, another to the purchase of a new site, 
and the third to the assessment and collection of a 
tax. 

The question then arises, how far these are pro- 
vided for by the notice of the meeting of Dec. 23, 
1887, which constitutes the sole warrant for all of 
the proceedings;— each meeting being an adjourn- 
ment of its predecessor. 

It is my opinion that all of the proceedings relat- 
ing to the building of the house are covered by the 
notice and are therefore legal and valid ; because it 
is very evident that in such a matter the crucial test 
is upon the question of building, and all subsequent 
questions are mere matters of detail; and to allow 
that a meeting, called as this was under a form that 
has been in vogue ever since the law was first passed, 
could vote to build a new house, but could not vote 
to appoint a committee to carry out that vote, would 
be absurd. 

But if they could appoint a committee to carry out 
that vote, of course they could retain that power and 
exercise it themselves. I do therefore decide that all 
proceedings and votes relating simply to the building 
of the new schoolhouse are valid and binding. 

As to the second group of votes, those relating to 
the purchase of a new site, I am of the opinion that 
tliey are not within the scope of the call. Certainly 
no one can claim that the question of building a new 
house necessarily involves the purchase of a new 



172 SCHOOL MANUAL. 

site. Of course it may do so, but I do not think un- 
der the ordinary rules of construction it could be 
so claimed. It is really a very different question, 
and one on which parties, who were j)erfectly agreed 
as to building, might differ widely. But even if the 
purchase of the lot could be considered as coming 
within the call, I do not think it could possibly carry 
with it the power to authorize the treasurer to give 
the note of the district. Such an act as that must be 
more specifically stated in the call, if it is a special 
meeting. 

As to the third group of votes relating to the tax 
and the collection thereof, there is no question as to 
their illegality under such a call. A vote to levy a 
tax is legal only at an annual meeting, or at a special 
meeting when the subject has been specifically men- 
tioned in the call, or notice. 

I do therefore declare such of the proceedings and 
votes of said meeting of Dec. 23, 1887, and its several 
adjournments, as relate to the purchase of a new site 
and also to the levying and collection of a tax to be 
invalid, and hence null and void. 

Thomas B. Stockwell, C. P. S. 

1888. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 173 



DECISION No. 34. 

Special Meeting of District No. 1, Johnston. 



In computing time back from a 
certain date, that date is not 
counted, but the day of posting 
or serving the notice is counted. 

In reckoning days tlie law does not 
regard fractious of days. 



A meeting to take additional 
steps in carrying out a previous 
vote of a district does not re- 
quire the previous consent of 
the school committee. 



In the matter of tlie appeal of George W. White 
from the proceedings of a special meeting of school 
district No. 1, of the town of Johnston, so far as t\\ej 
relate to the following vote then and there passed, 
viz., " Besolved, That the treasurer of this district 
be and hereb}^ is authorized to hire a sum of mone}^ 
suiScient to grade said lot and to build and furnish 
said schoolhouse in accordance with the foregoing 
resolution, provided that said sum of money shall 
not exceed ten thousand dollars," and submitted to 
me for my decision by the commissioner of public 
schools upon an agreed statement of facts signed by 
the appellant, the treasurer of the district, and the 
chairman of the building committee. 

I am of the opinion. 

First. That the notice given was ami3le under the 
law. The law says that a notice for a meeting must 
be posted " for five days before holding the same." 

In computing time back from a certain date, that 
date is not counted, but the day of posting or serving 
the notice is counted; and in this case, excluding the 
IJ:th day of November, the day on which the meeting 
was held, we have five days from the 13th back to 
the 9th, the day on which the notice was posted. The 
law does not regard fractions of a day in such a case. 

15* 



174 SCHOOL MANUAL. 

Second. As to the x>oint that tlie object of the 
above resolution was not included within the notice 
of the meeting, it is clear that it is covered by the 
last clause in the notice, to wit, "and to transact any 
other business that may pertain to the building of 
said schoolhouse." 

Third. XJj)on the point that the meeting w'as 
"illegal because it was called without the consent 
of the school committee, as provided in Public 
Laws, cap. 445, § 1," I think the meeting did not 
<?ome under the operation of the above provision of 
law. The meeting held Oct. 31, 1889, was for the 
purxDose of building a new schoolhouse and ai3point- 
ing a building committee. This meeting was called 
" for the purpose of making ap]3ropriations, etc., of 
authorizing the building committee to make con- 
tracts and to transact any other business that may 
pertain to the building of said schoolhouse." I do 
not see how any one of the purposes named in the 
last notice can be construed to mean the same as 
either of those named in the first call. They are ad- 
ditional steps in the carrjdng out of the decision of 
the district as made at the first meeting, and in no 
wa}^ conflict wdth said decision. It is very clear that 
at said second meeting it would have been impossi- 
ble for the district to have rescinded either of the votes 
of the first meeting, or in any way to have interfered 
with them, for they were in no way included within 
the scope of the second notice. 

In view" of the above reasons the appeal is dis- 
missed. 

Charles Matteson, A. J. S. C. 

1890. 

See No. 43. 
See No. 65. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 175 



DECISIOlSr No. 35. 

Annual Meeting of Joint School District No. 13 of 
Lincoln and No. 15 of Cumberland. 

Refusal of moderator to allow a record vote as provided by statute, and 
other informalities of proceedings, sufacient reason for rendering in- 
valid entire proceedings of meeting. 

It a]3pears from the testimony that the meeting 
was properly notified, and called to order by Mr. 
Gregory, the moderator elected at the meeting in 
1890. The records of the last meeting were read and 
approved, reports were made bj^ the treasurer and 
the trustees for the past year, and received. The 
meeting then proceeded to the election of of&cers for 
tlie year ensuing, beginning with the moderator. 
Humphrey Gregory and Michael H. McCarthy were 
nominated for that office. Speeches were made by 
the two candidates, and then Mr. Charles H. Collins, 
a legal voter of the district, requested that a record 
vote be taken ux3on the election of moderator. The 
moderator, Mr. Gregory, said that he had come pre- 
pared to rule that in the circumstances he should not 
allow a record vote. 

Immediatel}^ after this decision of the moderator 
a motion to adjourn the meeting was made and 
seconded and the question was put by the moderator 
and declared carried, and the meeting was adjourned 
without any further action. 

There is a conflict of testimony as to the manner 
of putting the motion to adjourn ; the moderator, 
clerk, and some others declaring that a call was made 
for all in favor to say "Aye," and then for those o^)- 



176 SCHOOL MANUAL. 

IDOsed to say "No," and that the ayes had it by an 
overwhelming majority. On the contrary the ap- 
X3ellants testifj^ that, although they were in some 
fiases within a few feet of the moderator, they heard 
no call for the "Noes," and that the decision in favor 
of adjournment was made immediately upon the re- 
sponse to the call for the "Ayes." 

While it is difficult to believe that the officers of 
the meeting would deliberately misstate the facts it 
is clear that the call for the "Noes" must have been 
made in a very hurried and indistinct manner, for we 
have the testimony of Mr. George Farnell, a stenog- 
rapher, who was present and took down the entire 
proceedings, and who sat within five feet of the 
moderator, to the effect that he heard no call for the 
"Noes" whatever. 

It is my opinion, therefore, that the question was 
not put before the meeting in such a way as to give 
the opponents of the motion "to adjourn" a proper 
opportunity to exjDress their opinion. 

It also appeared that quite a number of persons 
must have been present at the meeting who were not 
voters. 

In view, therefore, of the facts, viz.: that the meet- 
ing was composed of both voters and non- voters, 
■and that thereby the decision of any question by a 
viva voce vote must be very unreliable ; that at the 
very beginning of the business of election of officers 
the moderator declared his positive purpose not to 
allow a record vote, so-called, to be taken, as pro- 
vided for by section 7, chapter 52, of the Public 
Statutes ; and that the motion to adjourn was so put 
that the opponents of the motion did not, and follow- 
ing the previous decision of the moderator could not, 



DECISIONS PtELATINa TO PUBLIC INSTRUCTION. 177 

have a fair and just opportunity to express their 
opinion: — 

I do give my opinion that the aforesaid annual 
meeting of joint school district Xo. 13 of Lincoln 
and No. 15 of Cumberland, held April 27, 1891, was 
not lawfully conducted, and that in consequence 
thereof its proceedings are null and void, and that 
the trustees of said district should at once issue a 
call for a special meeting for the election of officers 
for the current school year. 

Thomas B. Stockw^ell, C. P. S. 

1891. 

See No. 30. 
See No. 36. 



DECISION No. 36. 



Annual Meeting Joint School District No. 7 of Rich- 
mond and No. IS of Hophinton. 

1. A record vote to comply with ! 2. Eeoord vote may be demanded on 



statute must include not only 
names of persons voting, but 
hoio they vote. 



election of officers as well as 
upon any other question. 



From the records of the district it appears that the 
meeting was duly notified and held according to no- 
tice; that in the course of tlie proceedings, when thej^ 
came to the election of trustee, it was voted to have 
one trustee, and Charles H. Brown and Albert L. 
Niles were duly nominated and seconded. Wm. F. 
Segar then, before any balloting or voting of any 
kiud had begun, demanded a record vote according 
to the provisions of § 7, cap. 52, of the Public 
Statutes. 



178 SCHOOL MANUAL. 

The moderator thereupon directed the clerk to re- 
cord the names of the persons who voted, but not on 
which side of the question, or for which party. The 
clerk accordingly proceeded to so record the names 
of all persons who voted, thirty-one (31) in all, but 
did not make any record of how they voted. The 
ballot resulted as follows: — Whole number cast, 31; 
for Chas. H. Brown, 21 ; for Albert L. Niles, 9 ; and 
for George Langworthy, 1; and Chas. H. Brown was 
declared elected trustee. 

Mr. Segar at once publicly in the meeting announced 
his purpose to test the legality of the election of Mr. 
Brown, upon the ground that the provisions of § 7, 
cap. 52, of the Public Statutes had not been complied 
with. Subsequently the api)ellant served a written 
notice upon both the trustee-elect, Mr. Brown, and 
the moderator, Mr. Fuller. 

It was claimed by Mr. Fuller, that § 7, cap. 52, did 
not require a record of how each voter voted, except 
u]3on questions of taxation; that tlie election of offi- 
cers was not included Avithin the provisions of the sec- 
tion, and that a record of the names of the voters was 
enough to comply with the law; that to call upon a 
voter to announce the name of the party for Tvhom 
he voted was an infringement upon the rights of the 
citizen. 

The appellant held that the language of the statute 
was exj)licit and unmistakable in its terms, and that 
it recognized no distinction between the different 
kinds of "questions" which might come before a 
meeting to decide ; that the statute was not comiDlied 
with unless the records showed for whom, or on which 
side of the question, the voter voted. 

■ In this case there is no disi)ute as to the main facts 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 179 

as they are set forth in the attested records of the 
meeting. The only dispute is over the meaning of 
§ 7, cap. 52, of the Pnblic Statntes, and practically 
over the word "question." Does that word include 
every form of question which may come before a 
school district meeting, or is it restricted to a particu- 
lar class of questions ? 

The significance of this section may be understood 
better by reference to the section immediately pre- 
ceding, that relating to the rights of voters in dis- 
trict meetings. From that section, as interpreted 
throughout the history of the school law, we see that 
any man may vote at a school district meeting who 
has at that time the necessary qualifications for 
voting in the town ; that is, who would be entitled to 
be iDlaced upon a voting list, provided the board of 
canvassers were to meet on that day. This renders it 
impossible to provide any check list or other guide for 
the use of a moderator in receiving votes, but prac- 
ticall}^ throws the door quite wide open. 

]N'ow for the protection of the district and the legal 
voters thereof this section 7 was inserted, because un- 
der its provisions any voter can secure such a record 
of any vote taken by the district as shall enable him 
to contest its legalitj^, if he has reason to think it was 
carried b}^ illegal votes; since on aiDjDeal the right of 
each and eyevy voter can be legally tested and deter- 
mined, and the fact established whether or not the 
matter in question was carried bj^ illegal votes. 

AYith the law as it is with reference to the right to 
vote, I do not see how else than by such a provision as 
this of section 7 it is possible to protect the legal vot- 
ers against illegal voting. ^N'o more do I see how the 
election of ofiicers is any the less worthy of protection 



180 SCHOOL MANUAL. 

than the assessing of taxes or the voting of repairs 
nx3on the schoolhonse. Indeed the former may often 
be the more important action to be taken by the dis- 
trict. 

That this section 7, as it has been interpreted, in- 
fringes npon any rights of the voter I do not believe, 
because the '^rights^^ of voters are defined by the con- 
stitution, and it nowhere siDecifies the riglit of a 
secret ballot. On the other hand, the constitution 
expressly gives to the general assembly the i)ower to 
prescribe the manner of conducting elections. Art. 
11, § 6. 

Under that authoritj^ the State has from time to 
time prescribed various forms and methods of voting; 
— sometimes tending to the most open forms, and 
again in the direction of the secret ballot. The pro- 
visions referred to by the respondent are rendered 
obsolete by the new system of voting adopted two 
years ago. But previous to that time there was no 
uniformity in the matter, for while § 11, cap. 10, i)ro- 
vided that the voter for certain officers might use an 
envelope or not at his option, § 17, cap. 37, expressly 
provides that in voting for mayor and other city offi- 
cers no envelope shall be used. The method pre- 
scribed by this § 7, cap. 52, for voting is not only 
within the limits of the power lodged with the Gen- 
eral Assembly, but it is perfectly reasonable and 
just, being as it is, the only defence against illegal 
voting. 

It is, therefore, my opinion that owing to the failure 
of the clerk, under the direction of the moderator, to 
record, as requested by the appellant, the names of 
each voter and on which side of the question, or for 
which person, he voted, the election of Chas. H. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 181 

Brown as trustee of said joint district, No. 7 of Rich- 
mond and No. 13 of Hopkinton, was illegal andlience 
null and void, and I do hereb}^ declare the office of 
trustee for said joint district in consequence thereof 
to be vacant. 

Thomas B. Stockwell, C. P. S. 

1893. 

Approved. Charles Matteson, C. J. S. C. 

See No. 30. 
See No. 35. 



DECISION No. 37. 

In re Plurality Amendwient to the Constitution. 

The plurality amendment to the Constitution does not apply to elections in 

school districts. 

I am of the opinion that the word "district" as used 
in the amendment to the Constitution relates only to 
voting districts and does not include school districts. 

This being so, I am further of the opinion that the 
amendment does not apply to the election of officers 
for school districts of the state, and that, conse- 
quently, at such elections a majority of the votes 
cast is still necessary to an election, as it was before 
the adoption of the amendment in question. 

Charles Mattesont, C. J. S. C. 
1894. 



16 



182 SCHOOL MANUAL. 



DECISION No. 38. 

Joint District No. 13 of Lincoln and No. 15 of 

Cumberland. 

A joint district is dissolved by the action of either town in abolishing its 

school districts. 

STATEMENT TO THE COURT. 

At some time prior to 1890, by the concurrent 
votes of the school committees of the towns of Lin- 
coln and Cumberland, a joint school district was 
formed at the village of Berkelej^, comprising terri- 
tory in both towns. 

The town of Lincoln at its April town meeting, 
1891, voted to abolish the school districts therein ; 
and since that time the schools of said town have 
been carried on by the school committee. 

Tlie schoolhouse is located in the town of Cumber- 
land, and the said town of Cumberland still retains its 
school districts. 

The question now arises whether voters residing in 
that part of the town of Lincoln which was included 
within the joint district as above established have 
the right to vote now in any district meeting which 
may be held in the Cumberland district ; or in other 
words was the joint district dissolved by the action 
of the town of Lincoln in town meeting, or does the 
joint district continue to exist until it is dissolved by 
the concurrent acts of the two school committees. 

OPINION. 

I have to say that as the joint school district 
formed at Berkeley was composed in part of territory 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 183 

embraced in a school district or districts in the town 
of Lincoln, it necessarily follows that the joint dis- 
trict ceased to exist when any of the districts which 
went to make it up ceased to exist. 

I am of the opinion, therefore, that the joint dis- 
trict referred to was dissolved by the vote of the 
town of Lincoln, at its April town meeting, 1891, to 
abolish the school districts in that town ; and, conse- 
quently, that voters residing in that part of Lincoln 
included in said joint district as established prior to 
said vote have now no right to vote in any district 
meeting held in the Cumberland district which formed 
part of the joint district prior to its dissolution. 

Charles Matteson, C. J. S. C. 

1894. 

See No. 75. 



DECISION No. 39. 



Annual Meeting of School District No. 6, North 

Smithfield. 

1. Moderator must vote be/are the [ is retained until there is evi- 

poll is closed. He has no "cast- | dent intention, through word 

ing vote." | or deed, to change. 

2. The clerk should record proceed- ; 4. A recognized resident of a town 

ings as declared by the mode- divided into school districts 

rator. j must have a residence in one 

3. A legal residence once acquired ' of the districts. 

The records were presented by the clerk from 
which it appeared that on the vote for trustee six 
(6) votes were for G. P. Lovell, the trustee of 1893, 
and five (5) votes for Fred M. Carpenter. But it ap- 
pears from the unanimous testimony of all i^arties 



184 SCHOOL MANUAL. 

present, iucluding the clerk himself, that the vote as 
declared by the moderator was a tie vote, six (6) 
votes for each candidate, and that therefore there was 
no election. The above discrepancy between the facts 
and the records seems to have grown out of a differ- 
ence of opinion among the voters present as to tlie 
right of the moderator to vote. He voted in this in- 
stance at the same time with the other five who voted 
for Mr. Carpenter, thus making six (6) votes ; but it 
was claimed upon the other side that the moderator 
had no right to vote except in case of a tie, and hence 
the record was made upon that basis. 

It should be said here, that it is the duty of the 
clerk to record the proceedings as declared by the 
moderator. If they are wrong there is a legal remed3\ 
In this instance, it may be said that the decision of 
the moderator was correct, for the only vote which 
a moderator can cast is that which he casts with the 
other voters and before any declaration of the vote is 
made. The moderator of a school district meeting 
has no " casting vote," as it is called. 

It was claimed in the appeal that the meeting was 
illegally organized, but no evidence was presented to 
sustain that allegation, and I see nothing in the pro- 
ceedings to warrant any such conclusion. 

Then it was contended that two of the voters for 
Mr. Lovell were not legally qualified to vote for 
trustee in said school district No. 6, and hence that 
their votes should be thrown out, which would make 
the vote stand four (4) votes for Mr. Lovell and six 
(6) votes for Mr. Carpenter, and would give the elec- 
tion to the latter. 

The two persons whose votes were thus contested 
Avere Mr. Joseph Bouley and Mr. Emor Bartlett. In 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 185 

the case of Mr. Bouley it was claimed that though he 
owned a house and land in the district, he was not 
a resident, having moved away over two years ago to 
Woonsocket, where he still lives, together with his 
wife. It was sliOAvn that he had not lived in his house 
during this time and that the house has stood empty 
for nearly the whole period, the windows being 
boarded up. But upon the other side Mr. Bouley 
swears that he has always, even during the brief time 
he let the house, retained one room in it where he 
has a bed and where he has stayed over night since 
he went to Woonsocket; that he visits his place fre- 
quently during the year; that he claims North Smith- 
field as the town of his residence, based upon his 
ownership of this real estate in school district No. 6 ; 
that he has exercised the right of voting in the town 
of North Smithfield upon the basis of that same real 
estate ; that he has never claimed a residence or at- 
tempted to claim or to gain a residence in Woon- 
socket or in any other place ; that he has refused to 
secure a residence in Woonsocket ; that he has never 
kept house in Woonsocket but always boarded ; that 
it is his intention to maintain his residence in said 
school district No. 6, of said town of North Smith- 
field. 

In the case of Emor Bartlett it was shown that he 
is a single man, without really a permanent home ; 
that within the past two years he had lived in at 
least one other school district of the town of North 
Smithfield, and also in Lincoln ; that ui^on the town 
clerk's registry of voters for 1894 he Avas put down as 
living in school district No. 10 ; and while it was ad- 
mitted that he had lived, for the most part at least, 
within school district No. 6 for the past six months, 

16* 



1861 SCHOOL MANUAL. 

still it was claimed that he was not a bona fide resi- 
dent of the district and hence could not vote. In be- 
half of Mr. Bartlett it was claimed that he went to 
work for, and lived with, Mr. Frederick Ballon about 
the first of October, 1893, and that he had lived with 
him ever since; that he has no other home or resi- 
dence; that he is now and has been a registered voter 
in the town of North Smithfield ; that the location 
given for his residence was kept the same as it was 
last year through his carelessness when he regis- 
tered ; and it was shown that since he registered last 
year he had surrendered the kej^s to the house he 
formerly occupied in district No. 10 to the owner 
thereof and that another party had occupied it. 

It is my opinion that judged by the laws and cus- 
toms of this State both Joseph Bouley and Emor 
Bartlett were residents, in the eye of the law, of 
school district No. G, town of North Smithfield, on 
April 28, 1804, and hence were qualified to vote for 
trustee in the annual meeting of said school dis- 
trict. 

The case of Joseph Bouley is not unlike that of 
very many cases whicli exist in nearly every town 
in the State. It is the universal rule in all of the 
cities and towns after a man has once acquired a 
legal residence, to allow him to maintain it upon his 
desire to do so exjjressly stated, and the maintenance 
therein of some token or basis of a domicile. It has 
always been held by the courts that, after a man had 
once acquired a residence, it was not necessarj" for 
him to maintain his home there in order to retain it, 
but that its continuance depended upon his inten- 
tion not to change it, or to adopt anj^ other. Judged 
by such j)rinciples it is clear that Mr. Boulej' has 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 187 

never lost his residence in ]N'orth Smitlifiekl and 
hence in school district No. 6. 

The case of Mr. Bartlett is different, as he is not a 
real estate voter and is a single man, without a settled 
home. But there is no question, as I understand, 
about the justice or legality of his registering as a 
legal voter within the town of North Smithfield. If 
he is a legal voter in said town he must have a resi- 
dence therein, and that necesitates a residence in 
some school district. The question then arises in 
which school district did he reside on the 28th daj^ 
of April, 1894. There is no doubt but that during a 
portion of the year 1893 he lived, or made his head- 
quarters or home, in a house situated in school dis- 
trict No. 10 ; that since October, 1893, he has lived 
within the limits of school district No. 6. Just when 
he may be said to have legally changed his residence 
it is difficult to say, but I think from all the testi- 
mony given that it is clear that he is not now, and 
had not been for several months prior to April 28, 
1891, entitled to claim his residence in district No. 10; 
and if he had no residence there, he must have 
secured one in some other district, and the only one 
in which it was possible for him to have secjired it is 
district No. 6, within whose limits he has had his 
home since he gave up the one in district No. 10; and 
if he was a legal resident of said district of course he 
had the right to vote for the election of officers. This 
is the more clear from the fact that it has been de- 
cided that no specified length of residence in a dis- 
trict is necessary to qualify a person to vote therein. 
It is only necessary that it be a bona fide residence. 
In tliis case, as in the case of single men usuall}^, it 
is not easy to determine what the person's intention^ 



188 SCHOOL MANUAL. 

upon which so much depends, is, but it is impossible 
to see any other residence which he can claim, and as 
he must have one somewhere there is no alternative 
but to declare him a resident of district No. 6. 

I do therefore decide that the votes of the said 
Joseph Bouley and Emor Bartlett were lawfullj^ cast 
for G. P. Lovell, and that, as declared by the mode- 
rator, there was no election of trustee ; and as the 
meeting adjourned Avithout another ballot the old 
trustee holds over and there is no vacancy. 

Thomas B. Stockwell, C. P. S. 

1894. 

See No. 8. 
'See No. 23. 
See No. 25. 
See No. 23. 

See No, 27. 



DECISIONS KELATING TO PUBLIC INSTRUCTION. 189 



DISTRICT TAXES. 



DECISION No. 40. 

The approval hy the coimnittee of a tax legally 
voted cannot be appealed from. 

Henry Barnard, C. P. S. 
1844. 

Approved. Elisha R, Potter, C. P. S. 

1854. 

See No. 54. 



DECISION No. 41. 



Committee may rescind their approval of a tax be- 
fore contract has been entered into. 

Elisha R. Potter, C. P. S. 

• 1853. 

See No. 7. 



DECISION No. 42. 

The bondsmen of a town collector are not liable 
for his acts as district collector. 

Elisha R. Potter, C. P. S. 

1854. 



190 



SCHOOL MANUAL. 



DECISION No. 43. 



School District No. llf.^ Smithfield. 



Votes as to times for assesshipr or 
collecting a tax are directory 
merely and do not prevent 
the action being taken subse- 
quently. 

Real and personal estates must be 



kept separate in all assess- 
ments of taxes. 
It is sufficient if a tax is approved 
by the school committee be- 
fore the warrant for collection 
is issued. 



A direction to assess or collect a tax within a speci- 
fied time is directory merely, and if, by accident or 
•otherwise, it is not done within the time fixed, it may 
be done within a reasonable and convenient time 
afterwards. 

The law positively requires real and personal estate 
to be assessed in separate columns, and any assess- 
ment made otherwise is illegal. 

Although it is prudent to procure a tax to be ap- 
proved by the school committee before any proceed- 
ings are had under the vote, yet it is sufficient if the 
tax be approved before the warrant is issued to col- 
lect it. 



Apjwoved. 

1854. 



Elisha R. Potter, C. P. S. 
Richard W. Greene, C. J. S. C. 



See No. 34. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 191 

DECISION No. 44. 

School District No. 7, Scituate. 

A district tax cannot be paid to any other person than the collector. 

Where Y's land had been levied upon and sold by 
a tax collector for nonpayment of a school district 
tax, and Y brought ejectment against the purchaser, 
alleging and offering to show that prior to the levy 
and sale he had paid his tax to the treasurer of the 
district. Held that the evidence to this effect was in- 
admissible; that the tax collector is the only officer 
authorized to collect a tax assessed by a town or school 
district ; and that the levy and sale was valid. 

It is by law made the duty of the district collector 
to collect the tax and pay it over to the treasurer or 
his successor in office. To him is delivered the tax 
bill and warrant for that purpose. He gives bond for 
the proper performance of that duty if a bond is re- 
quired, and is entitled to the commission provided by 
law for his services in collecting the tax. He must 
collect the tax and pay it over to the treasurer within 
the time specified in his warrant. If he fails to do 
this he may be sued or prosecuted for his default. 
The treasurer has no authority to collect the tax; but 
only to receive it of the collector when collected, and 
disburse it according to law. He does not have the 
tax bill for the purpose; and payment to him is no 
more a legal payment than it Avould be if made to any 
other officer of the district, who is not authorized by 
law to collect the tax. 

Alfred Bosworth, A. J. S. C. 

1855. 

See No. 50. 



192 



SCHOOL MANUAL. 



DECISION No. 45. 

Case of Edward S. Wilkinson,- guardian, in appeal 
from tax in District No. 1, North Providence. 



Imperfection of a district clerk's 
record does not render invalid 
a tax properly voted. 

A vote to assess by percentage is 
not illegal. 



3. The assessment of a tax will be 
legal if it is clear to whom and 
on what property it is as- 
sessed. 



Upon the facts as presented and after considering 
the arguments of the parties, and after advising with 
Judge Brayton, of the Supreme Court, the commis- 
sioner is of opinion tliat the imperfection of the rec- 
ords of the clerk will not affect the legality of the 
tax. The proceedings, so far as the notice of the 
meeting and the form of the resolution are concerned, 
were undoubtedly legal and proper. As to the mode 
of levying the tax \)y percentage instead of by spe- 
cific sum, the commissioner is not aware that this is 
contrary to the school law. It is evident that the 
school committee might approve a specific sum after 
the tax had been assessed by the trustees; and as 
there is no evidence to show that the committee did 
not approve some specific sum, it must be held that 
the failure to vote a specific sum does not render the 
whole tax invalid. Also in reference to the assess- 
ment of the tax to Edward S. Wilkinson for Nathan 
Lazelle, instead of to Edward S. Wilkinson, guardian 
for Nathan Lazelle, since it was shown that this had 
been the mode of assessing taxes on the said Nathan's 
personal property in the town of North Providence, 
and since it was not shown that the said Wilkinson 
had ever experienced any difficult}^ in the settlement 
of his accounts with the said Nathan's inheritance be- 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 19B 

fore the court of probate, the commissioner does not 
deem it to be proper for him to interfere, and solely 
on this account decree a forfeiture of the tax on the 
part of the district. This is a matter of technical law 
and he does not therefore attempt to settle the mean- 
ing and usage of that law. It is deemed just and best 
that in this case this tax should follow and be paid 
as other taxes have been paid. 

Robert Allyn, C. P. S. 

1856. 

See No. 22. 
See No. 58. 



DECISION No. 46. 
School District No. 7, Warwich. 

A district tax can be confided to a town collector when there is a district 
collector duly appointed and qualified. 

I decide, that, according to the 37th section of the 
act relating to public schools, "Any district may vote 
to place the collection of any tax or rate bill in the 
hands of the collector of town taxes," notwithstand- 
ing there be a district collector; and I, having been 
satisfied by evidence that a vote to that effect has 
been passed at a regular district meeting of school 
district No. 7, of the town of Warwick, decide that 
the collection of the tax in question may be legally 
confided to the collector of town taxes of that town. 

Robert Allyn, C. P. S. 

1856. 

I approve of the above decision. 

Samuel Ames, C. J. S. C. 

17 



194 SCHOOL MANUAL. 



DECISION No. 47. 

Josepli Crandall vs. Trustees of School District No. ^, 

Exeter. 

Where land lying in two districts is assessed in one parcel by town 
assessors, trustees of a school district have no right to assess its value, 
and must call on a town assessor. 

The facts as ascertained by the commissioner are as 
follows, and they are rej)orted to Hon. Chief Justice 
Ames for his opinion on them, at the joint request 
of the parties, namely : 

On the 30th day of Auo'ust, 1856, at a legal meet- 
ing of the voters of school district No. 2, town of 
Exeter, it was voted to assess a tax of $150 on the 
ratable propert}^ of the district. This tax was as- 
sessed during the month of November, 1856 ; and on 
the 7th of February, 1857, the trustees issued a war- 
rant to collect it. 

Among the persons taxed for real estate was Joseph 
Crandall, who is owner of two farms in Exeter, one 
called^the " Rathbun farm," lying on the north side 
of the so-called "Ten-rod road," the other, called the 
"Hazard farm," lying adjacent to the Rathbun farm, 
but on the south side of the said road. This road 
divides the two districts No. 1 and No. 2, — the latter 
being on the north, and of course including only the 
Rathbun farm. It appears that x>art of the Hazard 
farm adjacent to the Rathbun land has for several 
years been rented with this Rathbun farm; and as 
the tenant was to pay road taxes, it has been by the 
town assessors taxed or valued in the same parcel 
with it. 



DECISIONS EELATING TO PUBLIC INSTEUCTION. 195 

The tax against whicli complaint is made was for 
this parcel of land, which on the assessors' book for 
1855, the book by which the trustees were governed 
in their assessment, was called the "Rathbun land," 
and was valued at $900 under their rules. The sum 
assessed was $12.30. The appellant claims that this 
parcel of land, so valued at $900, includes a part of 
the Hazard farjn, lying in another school district, and 
liable to a tax there ; and that said tax cannot be 
legal, inasmuch as the trustees did not in making the 
assessment, proceed according to the requirements of 
section 45 of the act relating to public schools, which 
declares that, in case of property lying in two dis- 
tricts, and having no separate values on its respec- 
tive parts, the trustees, if they cannot agree with the 
owners, shall call on a town assessor, who shall assess 
the value of the property so situated. 

The only question, then, to be decided is a question 
of fact, as to whether the parcel of land named in the 
assessors' tax book of 1855, and in the trustees' war- 
rant called the " Rathbun land," is situated wholly 
within the boundaries of school district Ko. 2, or 
parti 3^ also in No. 1. 

From the testimony the commissioner cannot 
doubt that the aforenamed sum of $900, taxed as the 
value of the " Rathbun land," does include the value 
of a part of the " Hazard farm," which lies without 
the bounds of this district No. 2, and which, in his 
opinion, ought not to have been taxed. 

As this is one of the cases specially provided for in 
section 45, above referred to, in which a town assessor 
ought to have been called in, to apportion the value 
of the land thus situated in two adjoining districts, 
and as the tax was assessed by the trustees without 



196 



SCHOOL MANUAL. 



the assessor, contrary to the requirements of the 
statute, the commissioner is of the opinion that the 
tax appealed from was illegally assessed ; and the 
assessment is therefore hereby delared void. 

Robert Allyn, C. P. S. 

1857. 

Approved. Samuel Ames, 0. J. S. C. 

See No. 55. 



DECISION No. 48. 



School District No. 11, Exeter. 



1. A tax approved by the school 
committee, if subsequently in 
creased, must be again ap- 
proved. 



A trustee not authorized to in- 
sure a schoolhouse without au- 
thority from the district. 



Three points of objection can be sustained. The 
" notice" of the second meeting, the approval of the 
school committee, and the insurance. The "notice" 
and "insurance" may be reduced to one. The power 
to insure a schoolhouse is by § 3, cap. 61, school law, 
vested in the district and not in the trustee. Yet if 
the "notice" had specified insurance as one of the 
objects of the meeting, a vote of the district sanction- 
ing the trustee would have been legal. 

It is my opinion and decision that this tax is not 
legal, because the whole tax has not been approved 
by the school committee, and the notice was not suf- 
ficient to authorize the district to sanction the act of 
the trustee in procuring insurance on the house. 



1858. 
Approved. 



John Kingsbury, C. P. S. 



Samuel Ames, C. J. S. C. 



DECISIONS EELATING TO PUBLIC INSTRUCTION. 197 

DECISION No. 49. 

The excess of a tax beyond the district's indebted- 
ness does not affect the legality of tax. 

Joshua B. Chapin, C. P. S. 

1859. 



DECISION No. 50. 



If taxes are paid to the treasurer, the collector will 
have the same claim to his percentage as if the taxes 
had been paid to him originally. 

Joshua B. Chapin, C. P. S. 
1860. 

See No. 44. 



DECISION No. 51. 



In the case of a person who resides in a district 
only a part of the time, the question of taxation of 
personal property must depend ux3on the time that 
said person resides in the district. 

Joshua B. Chapin, C. P. S. 

1860. 



DECISION No. 52. 

When there is only one tax-paying voter in the dis- 
trict his vote is sufficient to order a tax. 

Elisha R. Potter, A. J. S. C. 

1868. 

17* 



198 



SCHOOL MANUAL. 



DECISION No. 53. 



School District No. 4, Middletoiun. 



In any appeal where a district as 
such is an interested party, the 
district must be officially noti- 
fied of the hearing. 

Where a tax is assessed by assess- 
ors appointed by the commis- 
sioner they must give notice of 
their assessment and proceed 



to value the property independ- 
ent of the town valuation. 
A tax collector acting under 
an apparently legal warrant 
would not be liable for dam- 
ages in case it was proved de- 
fective. 



In tliis ease the trustee mad6 a contract with the 
teacher, and this contract was made known to the 
district meeting, and the vote of the district thereon 
(though invalid for other purposes) may well be held 
to be a ratification of it. 

Subsequently, upon the district refusing to carry 
out the terms of the contract, the teacher, Coggeshall, 
and the trustee. Carpenter, united in an appeal which 
we may construe to mean that thej" applied, under 
the provisions of Rev. Stat. cap. 64, § 4, to the com- 
missioner May 12, 1870, and he appointed the same 
day for a hearing ; and it is alleged that " due and 
actual notice of such hearing before the commis- 
sioner was given, and both parties were present." It 
is not alleged to whom notice was given, or who were 
present ; and by both parties, we must understand 
the two persons before named, no others being either 
directly or indirectly referred to. The district was 
the party against whom the contract was to be en- 
forced, and of course a proper party to this proceed- 
ing, but as the plea does not allege that the district 
was notified, we must infer that it was not, and that 
omission was fatal. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 199 

It is also alleged that the commissioner, on July 9, 
1870, decided that the tax voted by the district, "suf- 
ficient to pay the residue of the contract," should be 
assessed and collected in accordance with the power 
conferred by Revised Statutes, R. I. cap. 64, § 4; 
and issued a warrant to Messrs. Peckham, Carpenter, 
and the district clerk, to assess a tax "on the valua- 
tion of the town assessors of 1869-70," and appointed 
the district collector to collect it ; that the district 
clerk declined to act as assessor, and notified the com- 
missioner ; and the commissioner (whether verballj^ 
or in writing is not said) directed the other two to pro- 
ceed and assess the tax ; and that they were legally 
appointed and qualified, and did assess a tax on said 
valuation, etc., etc.; that the commissioner approved 
it, and, August 30th, 1870, issued his warrant to said 
Wm. F. Peckham to collect it. 

AVhen a district trustee apportions a tax, he is to do 
it (Rev. Stat. cap. 64, § 2,) on a valuation made by 
the town assessors. But when a tax is to be collected 
under the commissioner's warrant, the assessors may 
use the town valuation as a guide ; but they must, 
after all, assess it upon their own judgment. And 
it being an actual assessment, proper notice should 
have been given, which is nowhere alleged. 

The collector, acting under an apparently legal 
warrant, would not be held liable as collector. 

Elisha R. Potter, A. J. S. C. 

1877. 



200 



SCHOOL MANUAL. 



DECISION No. 54. 



School District No. 19, South Kingstown. 



School commissioner has no 
power to order a tax in a dis- 
trict except in cases where the 
law specifically provides for 
such a case. 



School commissioner cannot ap- 
prove a district tax, hence 
there is no appeal to him in 
such matters, except as to ques- 
tions of its formalities and ille- 
galities. 



In this case school district No. 19 of South Kings- 
town voted a tax for school purposes and the school 
committee of the town refused to approve of it. From 
that refusal an appeal was taken to the school com- 
missioner, and on the hearing it was objected that 
tlie school commissioner had no jurisdiction to reverse 
the committee's vote and to approve of the tax him- 
self and as requested by the party he has laid the 
■case before one of the judges for his decision. 

The right of appeal given by cap. 55, § 1, of the 
school law, is expressed in very. general terms. Yet 
it is evident that it cannot be construed to authorize 
him to reverse the proceedings of the Board of Edu- 
cation, and so of some other officers who have duties 
to perform under the law. So if a district refuses to 
order a tax, he can only order a tax in the case pro- 
vided ,for by law, where a contract has been made, 
etc. To hold otherwise would be to make the school 
commissioner the absolute dictator on questions of 
taxation. 

We must be guided in deciding this question by 
the intention of the law so far as can be gathered 
from its language and history, and we may also re- 
sort in cases of doubt to the practical construction of 
it as settled by usage and previous decisions. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 201 

It is obvious tliat the commissioner may on appeal 
reverse a vote of a district or committee for infor- 
mality or illegality in many cases where he would not 
have a right to make any further or new decision of 
his own. This would be carrying out the object of 
the law in giving the appeal, which has always been 
held to be the prevention of litigation, bj^ furnishing 
a cheap and speedy mode of deciding on such infor- 
malities and illegalities. 

The location of schoolhouses is one of those ques- 
tions where the object of the law is to guard against 
the prevalence of mere local interests, to guard the 
interests of minorities and of non-resident owners of 
property; and in these cases the commissioner has 
always from the very beginning of the system, and with 
the presumed acciuiescence of the legislature, exer- 
cised the right to make a new location on ai3peal ; 
and so in many other cases, where it may be neces- 
sary to protect the rights of teachers and scholars 
from the consequences of local excitements and 
quarrels. 

The principal difficulty in the present case grows 
out of the very different language used by the General 
Assembly in cap. 48, " Of the powers of school dis- 
ti'icts," §1 3 and 4. The difference is too marked to 
be overlooked, and I must therefore conclude that 
while the commissioner maj^ reverse, or refuse to re- 
verse, a vote or decision of the committee in such a 
ease as the present one for illegality or informality, 
he cannot make a decision approving the tax. 

Elisha R. Potter, A. J. S. C. 

1877. 

See Xo. 91. 
See No. 94. 



202 SCHOOL MANUAL. 

DECISION No. 55. 
School District No. 1, Richmond. 



In case of assessing tax where a ' and not the town clerk's, are 

town assessor is to be called i the ultimate authority as to a 



upon, the trustee before calling 
upon him must endeavor to 
agree with the parties as to 
their valuation. 



district's boundaries. 
An assessment of a greater 
amount than that voted by the 
district is illegal, whether the 



2. The school committee's records, 1 excess be great or small. 

In tlie matter of the appeal of the Wood River 
Branch Railroad against school district No. 1, of Rich- 
mond, it was claimed by the appellant that a certain tax 
assessed by the trustee of said district in accordance 
with a vote of the district, of November 3, 1878, was 
illegal and void. 1st. Because the trustee called 
upon a town assessor to value that portion of the rail- 
road's property lying in the district, without trying 
first to secure an agreement with the corporation. 
2d. Because the records of a district's boundaries as 
"recorded in the town clerk's office are the legal bounds 
and the ultimate authority on that question, while in 
this case the trustee followed certain bounds which 
were furnished by the school committee. 3d. Be- 
cause the vote to levy the lax only authorized a tax 
of $125, whereas the tax as assessed by the trustee 
amounted to $125.40. 

Upon the first point raised by the appellant I am 
of- the opinion that the trustee should, after the tax 
was voted, have endeavored to agree with the railroad 
corporation before calling upon the assessors for their 
^id. Such is the natural and only legitimate mean- 
ing of the proviso, " if unable to agree with the parties 



DECISIONS KELATING TO PUBLIC INSTEUCTION. 203-. 

interested," which occurs in the section under which 
the action complained of was taken. Moreover, no 
such proviso existed in the school law of 1845; but it 
was subsequently inserted, evidentl}^ because it was 
found by experience that a change was necessary in 
that direction. 

The second claim of the appellant I do not think is 
sustained by the law. In the section of the law 
which refers to the town clerk keeping the records of 
the district boundaries, nothing is said or implied 
which makes them the final authority. On the 
other hand, the school committee is explicitly given 
full power over this question of district boundaries. 

In regard to the legality of an assessment where 
the total amount assessed is greater than the amount 
voted by the district, I think there can be no doubt 
that it is illegal. The right to exceed the prescribed 
amount at all implies the right to carry the excess to 
almost any amount, and hence, in fact, transfers the 
power of determining the amount of the tax from the 
district to the trustee. 

Thomas B. Stockwell, C. P. S. 

1879. 

I hereby confirm the above decision. 

Elisha R. Potter, A. J. S. C. 

See Xo. 47. 



204 SCHOOL MANUAL. 

DECISION No. 56. 
School District No. Jf, West Greemvich. 

1. Where school committee change I house ought not to be relieved 

territory from one district to ] from such responsibility, 

another, with an agreement of 3. Change of boundaries does not 

the owners that they are willing j alter or destroy the identity of 

to be set back when the com- ; the district, 

mittee think best, such agree- j 4. Property added to a district af- 



ment is a waiver of notice of 
such action by the committee. 
Property that has never contrib- 
uted to the erection of a school- 



ter a tax is voted is liable if it 
is in the district at time of 
assessment. 



From the evidence submitted it appears that in Feb- 
ruary, 1876, the appellants being then located in dis- 
trict No. 4, West Greenwich, petitioned to be set off 
to district No. 10, because at that time there was no 
schoolhouse in district No. 4, and therefore their 
school privileges were very poor; and unless they be- 
longed to district No. 10, if they availed themselves of 
the school there, they would be liable to pay for it. 

They were accordingly set off to district No. 10 by 
the committee ; upon the understanding as confessed 
by both parties, that whenever district No. 4 should 
build a schoolhouse this property should contribute 
its regular quota thereto, it never having been as- 
sessed for this purpose. 

Matters continued thus till the spring of 1879 when 
the question of building a house was agitated in dis- 
trict No. 4, and finally at a meeting held March 24,. 
1879, the district voted to build and also to assess a 
tax of $350 to defray the expenses. 

The house was constructed during the summer and 
fall of 1879, and in November, when the question of 
raising the money to pay for the building arose, the 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 205 

trustee before making the assessment of the tax ap- 
plied to the school committee for a particular state- 
ment of the bounds of the district and for such a 
correction of the lines as would restore to the district 
the property previously transferred to district N^o. 10. 

Accordingly a meeting of the committee was called 
for November 29, 1879, when the matter was dis- 
cussed and finally laid upon the table till the next 
meeting, December 4. 

One object of the postponement was to give notice 
to these two parties of the proposed action, but 
through some misunderstanding no such notice was 
given, and on said December 4 the committee met 
and passed the vote appealed from. 

On the 5th of December the trustee made out his 
rate bill of the tax voted as above on the 24th of 
March, and delivered it to the town collector for col- 
lection. 

After a careful examination into the facts I am of 
the opinion that the decision of the school committee 
in question should be confirmed for the followina: 
reasons: 

First. The original boundaries of the districts are 
thus re-established. It is quite safe for us to assume 
that the original division into districts was the fairest 
distribution that could be made, so far as the rights 
of all were concerned. 

For the transfer of this property from district No. 
4 to district No. 10 to be made permanent, would be 
to the very manifest injury of district No. 4, and 
would require for its justification very strong reasons 
which I fail entirely to find. 

Second. The acknowledged understanding between 
the appellants and the school committee at the time 



18 



206 SCHOOL MANUAL. 

of the transfer from district No. 4 to district No. IQ 
constitutes a practical waiver of notice; the act com- 
plained of being virtually the second part of an agree- 
ment previously made. 

Third. The property in question having never con- 
tributed to the erection of a schoolhouse should be 
so assessed, and it is very clear that district No. 4 is^ 
the district entitled to the benefit thereof. 

Fourth. I am fully of the opinion that the best in- 
terests of the two farms in question will be full as 
well, if not better, promoted by their being joined to 
district No. 4, than if they were annexed to district 
No. 10. 

The claim that the tax is not collectible of the ap- 
pellants because it was voted before they were joined 
to the district and therefore a tax in which they had, 
and could have had, no voice, is not tenable, because 
the district which voted the tax and the district which 
assessed it were legally one and the same district, and 
all rights and powers which were vested in the one 
were of necessity vested in the other. If such were 
not the case, every time the bounds of a district were 
changed it would be necessary to re-elect officers and 
re-enact any votes passed previous thereto which 
were intended to have any farther force or validity. 
It is difficult to see, therefore, how the trustee when 
he came to assess the tax which had been voted by the 
district could do otherwise than assess all property 
which the district contained at the date of his assess- 
ment. 

To the claim that such a decision violates the prin- 
ciple that one cannot be assessed for a tax which he 
had no voice in ordering, it is sufficient to say that 
protection against any injustice is secured by the 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 207 

provisions for an appeal, as in this case, on the ques- 
tion of merit in the change of bounds. 

Thomas B. Stockwell, C. P. S. 

1881. 

Approved. Charles Matteson, A. J. S. C. 



208 SCHOOL MANUAL. 



TRUSTEES. 



DECISION No. 57. 

The loss of the qualification as elector required to 
render a trustee eligible to the office would not cause 
a forfeiture of the office. 

Elisha R. Potter, C. P. S. 

1849. 

See No. 9. 



DECISION No. 58. 



When no appeal from the manner of the election 
of trustees is taken within a reasonable time, if they 
act in this capacity during the year, their acts as 
such are valid, and they are the acting trustees of 
the district. 

Elisha R. Potter, C. P. S. 

1849. 

See No. 14. 
See No. 31. 
See No. 45. 



DECISIONS EELATING TO PUBLIC INSTRUCTION. 209 

DECISION No. 59. 

When, from neglect of trustees, the school commit- 
tee assume the power of opening a school, the trustee 
is bound to respect their orders. 

Elisha R. Potter, C. P. S. 

1851. 



DECISION No. 60. 
School District No. 5, Little Compton. 



A trustee of a school district can only be removed during his term of ofiace 

for cause. 



I am of opinion that a district having once legally 
made an election, of any of the officers required by 
law to be elected, w^ould have no right to rescind it. 

The case would be different, however, with persons 
who were merely appointed by the district as a com- 
mittee for some particular purpose. Over such cases 
the district w^ould have complete control, and might 
remove such agents at pleasure. 

A trustee once elected and accepting could only be 
removed for good cause, and after notice and hearing. 
The contrary doctrine would lead to continual con- 
tests and confusion. 

Elisha R. Potter, C. P. S. 

1853. . 

See No. 16. 
See No. 63. 

18* 



210 



SCHOOL MANUAL. 



DECISION No. 61. 



School District No. 2, North Providence. 



1. Trustees can hire at whatever 

wages they please. 

2. The legal school year for the dis- 

trict begins May 1st, annually. 



Trustees have no power to re- 
duce a teacher's wages or to 
dismiss him during the term 
•for which he is hired. 



At the proper time of the year, and under the ap- 
probation of the school committee, the trustees have 
unlimited authority to employ a teacher at whatever 
wages they please. If they employ at very high 
wages, thej^ i^ay, by a vote of the district, assess and 
collect a tax to defray the extra expense. If they 
employ at cheap wages, the unexpended balance of 
their appropriation must be divided among the other 
districts. And if trustees choose to use only a part 
of their share of the "teachers' money" for their own 
district, and leave the remainder to other districts, 
thereby providing an inferior school for their own 
children and a better one for their neighbors, no 
power is known to prevent, provided they do it at the 
proper time. At such times as trustees may lawfullj^ 
hire teachers for their schools, they may hire as 
cheaplj^ as they can, provided the school committee 
will approbate those hired. 

In reference to the time when the legal school year 
commences, there can be but one opinion. In absence 
of any vote of the district prescribing the time at 
which the teacher's contract shall terminate, and in 
the absence of any written or specific agreement 
between the trustees and teachers as to this time of 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 211 

terminating the contracts, and in such districts as 
have established jjermanent or yearly schools with 
fixed terms and vacations, the legal school year must 
be settled by the statute. Section 21 of the act re- 
lating to public schools makes it necessary for a 
district to keep a school not less than four months at 
some time during the year ending on the first of May, 
in order that it may be entitled to draw its portion 
of the " teachers' money " for the year thereafter en- 
suing; the commissioner is required by section 2, 
annually in May to apportion the money annually 
paid out of the general treasury for public schools 
among the several towns according to law, and his 
office annually expires on the second Tuesday of 
that month. Section 20 enacts, among other things, 
that the school committee " shall apportion as early 
as practicable in each year, among the districts, the 
money received from the State;" and section 21 
further provides " that at the end of the school year 
any money which shall remain unexpended may be 
divided by the committee among the districts the 
following year;" and finally, section 26 makes it the 
impei-ative duty of a district to hold its annual meet- 
ing near this time, namely, in April or May. From 
all this and from the fact that the returns of the dis- 
tricts to the school committees and from the com- 
mittees to the commissioner are made to this date, 
and the district officers are elected for the year end- 
ing at the annual meeting, when their terms of office 
expire unless continued by special statute, the com- 
missioner must decide that the legal school year 
begins on the first of May annually, or by section 26, 
in cases there provided for, at the time of the annual 
district meeting. 



212 SCHOOL MANUAL. 

As to the general power claimed by tlie trustees to 
reduce a teacher's wages, or in the alternative to dis- 
miss him from their school, and that on a very brief 
notice, it should be remarked, that the school law 
manifestly intends that the State shall have some 
charge of all the schools which it in part suiDports. 
It therefore very properly forbids trustees to hire as 
teachers persons who do not possess certain moral 
-and literary qualifications — and even those who 
possess these in an undoubted degree, unless they 
hold or can obtain a certificate in the required form 
and signed by the iDrojDcr authorities. The law aims 
to prevent trustees from retaining a teacher who 
neglects his duty, and provides that the school com- 
mittee may dismiss such an one. All these guards 
seem to be reared in order to prevent the trustees 
of a school district from doing two things which would 
necessaril}^ tend to destroy or degrade their school; — 
from emiDloying the immoral or incompetent, and 
thus poisoning or stinting the morals and the minds 
of the children ; and from hastily dismissing the 
worthy teacher bj^ reason of any private or personal 
j)ique, or in consequence of some temporary excite- 
ment. And as the state furnishes a iDortion of the 
money which supports the public school of every dis- 
trict, and gives that district all the right it has to 
«xist and to collect taxes for the further support of 
its schools, it is but iDroper that it should step in by 
its officers and prevent the trustees from in j uring the 
school, or from suddenly discharging or reducing the 
comijensation of a teacher against whom no deficien- 
cies are alleged. It is believed that such powers as 
are claimed would materially injure any school, and 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 213 

that under the school law they are not conferred upon 

the trustees. 

Robert Allyn, C. P. S. 

1855. 

See No. 62. 
See No. 67. 



DECISION No. 62. 
School District No. 8, West Greenwich. 

1. Districts have no power to hire ; 2. District trustees must act as a 
teachers by vote. j board. 

The commissioner decides that a district, at a meet- 
ing of its voters, has no power to hire a teacher even 
if the meeting is legally called, and such an item is 
inserted in the warrant. In sections 33-36, inclusive, 
of the act relating to public schools, which enumerate 
the powers of districts, no mention is made of the 
*' power to employ" teachers; but, on the contrary, 
section 40 specially confers upon the trustees that 
power, and it is made " their duty " "to employ one 
or more qualified teachers for every fifty scholars in 
average daily attendance." It is, therefore, the jjlain 
duty of the trustees to employ all teachers, and a 
meeting of the voters of a district could only be 
advisory. 

As to the mode in which the trustees shall discharge 
their duty, it ought to be a rule never to be departed 
from, that when the district appoints three trustees, 
as it may, the three should meet and confer upon all 
questions relating to their official duty. Many of their 
duties are deliberative, and, therefore, cannot be del- 



514 SCHOOL MANUAL. 

^egated to, or assumed by, any one of their number, — 
such as making contracts with teachers, for repairs, 
or fuel, and preparing tax lists; and these things, of 
-course, require a meeting of the three, or at least of a 
majority after due notice given to the absent minority. 
And it is highly improper that any single one should, 
in any duty not strictly ministerial and prescribed to 
him by vote of the body at a meeting, act with the 
•expectation that his colleagues will ratify what he 
shall have done. 

The mode of notifying meetings of trustees is not 
specified by law, and is therefore left to be a matter 
-of common agreement among them. Generallj^, as 
the}" are near each other, a verbal notice from the 
chairman will be sufficient. 

Robert Allyn, 0. P. S. 

1856. 

Approved. George A. Brayton, A. J. S. C. 

See No. 61. 
See No. 66. 



DECISION No. 63. 
School District No. 2, Cranston. 

If a district elect one trustee at annual meeting, it cannot at a subse- 
quent meeting elect two more. 

My decision is that the vote and proceedings of the 
district at their meeting held May 7, 1859, are void. 

At the annual meeting the district could elect one 
trustee or three trustees, as they might decide. They 
■decided to elect, and did elect, but one, — Mr. Richard- 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 215 

son. There was thus an election at the annual meet- 
ing, and the trusteeship of the district was full, ac- 
cording to the authorized decision of the district. 
There was, therefore, no election of trustees to be 
made at any subsequent meeting. 

Samuel Ames, C. J. S. C. 
1859. 

See No. 16. 
See No. 60. 



DECISION No. 64. 



William Tijfany in re Special Meeting of School Dis- 
trict No. 4, Warwick. 



A board of only two trustees is 
not a legal board. When one 
of three trustees elected de- 
clines to qualify there is no 
vacancy, but one of tlie old 
board holds over. 



The order of the trustees is de- 
termined, in lack of other 
evidence, by the records of the 
meeting. 



In the matter of Appeal of William Tiffany from 
proceedings of school district No. 4, town of War_ 
wick, it appears that at the annual meeting of said 
school district No. 4, held April 2d, 1883, under a 
valid call, it was voted by the district to have three 
trustees and the following-named persons were elected 
as such trustees, one at a time, and in the order 
named, viz.: C. E. Luther, Edwin Millard, and O. P. 
Sarle. Messrs Sarle and Millard were engaged imme- 
diately after the meeting. 

Mr. Luther declined in writing to qualify, and on 
the 7th of April Messrs Millard and Sarle called a 
special meeting for April loth, " to elect a trustee in 



216 SCHOOL MANUAL. 

place of Chas. E. Luther who was elected at the an- 
nual meeting and who refuses to serve ; to elect a 
district collector ; and to raise a tax to pay the pres- 
ent indebtedness of the district and to authorize the 
trustees to enlarge the schoolhouse." 

This notice w^as issued by Messrs Millard and Sarle 
without consulting, or recognizing, Mr. Tiffany as a 
trustee. 

At this meeting of April 13th, Mr. J. W. Tibbitts 
was elected trustee and engaged. Mr. J. B. White 
was elected collector, and it was voted to assess a tax 
of six cents on each hundred dollars of the ratable 
property of the district, to pay the indebtedness of 
the district and to make any necessary repairs. 

From the action of this meeting of April 13th, Mr. 
Tiffany appeals and claims that its proceedings may 
be declared illegal and null and void, on the ground 
that the notice under which it acted was not a legal 
notice. 

He claims that in the first place there was no va- 
cancy in the office of trustee to be filled, but that he 
held over in the event of Mr. Luther's refusal to 
serve ; and hence no person elected under the call 
could legally act as trustee. In the second place, as 
to the issuing of the notice, he claims that it was not 
valid in that it was signed by only two trustees. 

After a careful consideration of the issue involved 
in this case I am of the opinion that the notice of the 
special meeting for April 13th, issued April 7th, and 
signed by Messrs Millard and Sarle, was not a legal 
notice, because. First, It was signed by but two trus- 
tees, who were either the whole board, or a majority 
of the board. If thej are called the whole board, I 
do not believe they were qualified to act, because the 



DECISIONS KELATING TO PUBLIC INSTEUCTION. 217 

law only recognizes one trustee or three trustees ; and 
as to the claim that the general provision of the stat- 
utes, that " all words purporting to give a joint au- 
thority to three or more officers or persons, shall be 
so construed as to give such authority to a majority 
of them " warrants the exercise of such power, it 
seems to me that that provision has no application 
here. 

There is in this case a board of " two " trustees, 
and two only who have been elected and qualified, 
and to allow them the authority to issue notices for 
meetings and transact business in general for the dis- 
trict, is practically to nullify the explicit statute 
which says that a district may elect " one " or " three," 
but nowhere provides for but two. The practical ef- 
fect of such a theory would be not to confer upon the 
majority of a board the power to act for the board, 
but to he the board, which is quite another thing. 

If it be claimed, as the counsel for Mr. Tibbitts 
avers, that the two trustees signing the call of April 
7th were a majority of a board of "three" and hence 
competent to act, it must be remembered that the ac- 
tion of the majority of any board, taken without the 
knowledge or consent of the minority, is always to be 
considered as contrary to law and not to be upheld. 
In this case there is no claim that Mr. Tiffany, or any 
party, was recognized, or consulted, as trustee by the 
two trustees who signed the call. 

As to the question whether a vacancy in the office 
of trustee did actually exist on the date of April 7th, 
I am of the opinion that there was no such vacancy. 
The words of cap. 61, § 4, Public Statutes, 

" Every school district officer elected or appointed 
under the provision of this title shall, without a new 

19 



218 SCHOOL MANUAL. 

engagement, hold his office until the time of the next 
annual election or appointment for such office, and 
until his successor is elected or appointed and quali- 
fied,'' are yerj broad and explicit. They make no ex- 
ceptions in favor of any officer ; and in view of the 
fact that in the revision of 1872 the words "and qual- 
ified " were added to the section, they clearly indicate 
the purpose of the General Assembly to provide, first, 
that there shall be no interregnum or vacancy occur- 
ring by a lapse of authority ; and second, that no 
person shall be considered as fully " elected or ap- 
pointed" to any office, in any such sense as to take 
the place of another, until he has been " qualified." 

In this case it is beyond dispute that Mr. Luther, 
one of the three persons elected as trustees on the 2d 
of April, 1883, did not qualify. 

If he did not qualify, then by virtue of the pro- 
vision of the statute above quoted, no other per- 
son's authority could have been terminated. There 
must then have resulted one of two conditions of af- 
fairs ; either one of the old trustees held over, or, as 
we have already seen in the previous argument, the 
three old trustees held over. 

There certainly is no place for but " two " newly 
elected trustees to become a legal board of trustees, 
and qualified to act in that function for the district. 
I am inclined to the opinion that one of the old trus- 
tees held over, making with the two elected and 
qualified at the annual meeting, the full board of 
three required by law. 

Such an interpretation of the law seems to me the 
natural and legitimate meaning from the plain read- 
ing of the statute; and if so, I see no reason ^Yhy it 
is not to be accepted, unless it be found practically 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 219 

impossible to carry it into effect. But I see no more 
trouble in ever determining the question of order in 
the election of trustees, than any other that may 
arise in district matters. 

The clerk's record of the proceedings of the meet- 
ting, when approved by the district in open meeting, 
must of necessity determine an order, and such order, 
for such puri)Oses as this, is all-sufficient. 

In the case in question the original notes of the 
clerk, made at the meeting of April 3rd, 1882, and his 
record over his official signature, which was read and 
adopted in a subsequent district meeting, fix the 
order of the election of trustees in 1882 as follows, 
viz.: William Tiffany, Edwin Millard, and James 
PhilliiDS. 

Now as Mr. Luther, who declined to qualify, was 
elected first at the annual meeting in 1883, it is my 
opinion that Mr. Tiffany continued, and still con- 
tinues, to be trustee, with full power to act as such 
in connection with Messrs. Millard and Sarle, the two 
who were elected and qualified at the annual meet- 
ing of 1883. 

In view therefore of the above reasons, I hereby 
declare the meeting of school district No. 4, of the 
town of Warwick, held on April 13, 1883, to have 
been illegal, and all its acts null and void and of no 
effect. 

Thomas B. Stockvtell, C. P. S. 

1883. 
Approved. Charles Matteson, A. J. S. C. 



220 SCHOOL MANUAL. 



DECISION No. Go. 



In re Resignation of Trustee of District No. 1, 
Cranston. 



Resignation of district officer may be withdrawn before district lias ac- 
cepted it, either by direct vote or by action filling the vacancy. 



AGREED STATEMENT OF FACTS. 

Lewis A. Walton was elected trustee at the aunual 
meeting April 28th, and was duly engaged by the 
Town Clerk. 

On Tuesday morning, Sept. 9, 1890, he posted notices 
for a special meeting to accept his resignation, — the 
meeting to be holden at the schoolhouse on Saturday 
evening, Sept. 13, at half-past seven o'clock P. M., 
that not giving the five days' notice required by the 
law. 

The meeting was held according to the above call 
and it was voted to accept his resignation, but no 
one was elected in his place. 

Some time early in November, Mr. Walton notified 
the clerk of the district in writing, withdrawing his 
resignation as no one had been qualified to succeed 
him, and he now claims to be the legal trustee and 
proposes to hold the office to the end of the year, or 
until his successor is qualified. 

My decison is that he is trustee. 

My reason for the decision is that his resignation 
has not been accepted by the district in any such 
definite and conclusive manner as the law would 
seem to require. The action of the meeting held on 
Sept. 13, 1890, cannot be held as legal on account of 



DECISIONS EELATINa TO PUBLIC INSTKUCTION. 221 

the illegal notice for the meetiDg. Had the notices 
been posted any time on Monday the meeting conld 
have been held any time on Satnrday. 

No other action appears to have been taken by the 
district which can be in any way regarded or con- 
strued as an acceptance of the resignation. Had the 
district proceeded to the election of a trustee at any 
time, such election might have been considered as a 
virtual acceptance, sufficient at least to have barred 
the withdrawal of the resignation. 

If there has been no valid or binding acceptance 
of the resignation, then the right to withdraw it must 
remain; and as Mr. AYalton has so withdrawn it, 
matters stand as they did before he jiroffered his 
resignMion, and he is trustee. 

Thomas B. Stockwell, C. P. S. 

1891. 

See No. 16. 



19* 



222 SCHOOL MANUAL. 



Powers and Duties of School Committee and 
Apportionment and Uses of School Money. 



DECISION No. 6Q. 
School District No. 5, Cumberland. 

1. School teaclaer without a certifi-'l 2. No particular mode of notifying 
cate cannot draw "public meetings of the school com- 

money." mittee. 

1st. No teacher can, under any circumstances, be 
entitled to demand any portion of the public money 
unless he has a certificate of qualification valid at 
the time he keeps the school. 

2d. Although the committee may provide by hy- 
law a mode of calling meetings of their body, such 
by-law would not exclude any other mode of calling 
meetings ; and if a quorum be present, and all those 
who are capable of attending have had reasonable 
notice, and there is no charge of any unfair or im- 
proper proceedings, the meeting will be held to be a 
legal one ; the committee being a body appointed by 
law for the performance of a trust, and the law itself 
prescribing no particular mode of calling such meet- 
ing. 

Elisha R. Potter, C. P. S. 

1849. 

Approved. Richard W. Greene, C. J. S. C. 

See No. 62. 
See No. 82. 



DECISIONS EELATING TO PUBLIC INSTEUCTION. 223 

DECISION No. 67. 

The scliool committee are the proper authority to 
dismiss a teacher who does not give satisfaction. 

Elisha R. Potter, C. P. S. 



1852. 

Approved. 

1855. 

Approved. 

1861. 

See No. 61. 



Robert Allyn, C. P. S. 



Joshua B. Chapin, C. P. S. 



DECISION No. 68. 



School District No. 3, North Providence. 



1. School committee may limit their 
certificates, hut general certifi- 
cates must he construed ac- 
cording to their plain purport. 



School committee cannot dele- 
gate the power to annul a 
teacher's certificate. 



On consideration I adhere to the decision formerly 
made upon this point, that although the committee 
have the power to limit their certificates to particular 
schools, yet if they see fit to give a certificate of gen- 
eral qnalification, it must be construed according to 
its plain i)urport, and to allow the written certificate 
to be contradicted or varied by any understanding not 
exi^ressed on the face of the certificate itself would 
be a dangerous jjractice, leading to continual mis- 
understanding and litigation. 

The power of annulling certificates is an important 
one. It gives the committee control over the teacher, 



224 



SCHOOL MANUAL. 



it authorizes them to pronounce a judgment against 
him for unfitness or misconduct, which may have the 
eifect of ruining him in his profession, and of injur- 
ing materially his prospects for general success in 
life. If the constructioni was doubtful, these consid- 
erations would incline me to lean against the right 
claimed for the committee to delegate this power. 
But the construction appears to me to be plainly that 
the committee have not the right to delegate. 

And if the sub-committee had not the power to 
annul the certificate, the subsequent recognition of 
it by the committee would not render it valid. 

Elisha R. Potter, C. P. S. 

1852. 

See No. 69. 
See No. 71. 

See No. 85. 



DECISIOIsr No. 69. 



School District No. S, North Providence. 



School committee may not com- 
pel a gradation of schools. 

School committee have power to 
limit and explain their certifi- 
■cates. 



3. School committee cannot dele- 

gate their general powers. 

4. Committee have power to annul 

certificate for good cause. 



1st. The school committee may promote by advice 
and recommendation, but have no power to compel, 
a gradation of schools by a district. 

2d. The committee have the power to limit and 
explain their certificates. To construe the law to 
require perfection in the branches named in section 
54 would be unreasonable, and, indeed, it is impos- 



DECISIONS EELATIXa TO PUBLIC IXSTEUCTIOX. 225 



sible to make a perfectly definite standard. If so, 
there is no reason whj^ the certificate should not ex- 
I)ress the degree of cxnalification. 

od. The committee cannot delegate their general 
powers. The powers of visiting schools and examin- 
ing teachers they are specially authorized to dele- 
gate.* There can be no objection, also, to a com- 
mittee authorizing its officers to draw orders for pay- 
ment of bills, uj)on the performance of certain con- 
ditions, as on making a return, etc. But to delegate 
a power which is sujjposed to imply the exercise of a 
discretion in the committee seems contrary to the 
intention of the law in giving such power to the com- 
mittee. 

4th. The committee have the undoubted right to 
annul a certificate, or dismiss a teacher, for good 
cause. ISTo particular form is necesary for doing 
this. But the trustee should be plainly informed that 
the certificate is annulled, or the teacher dismissed. 
And the teacher should be notified, that he may have 
a chance to defend himself. 

Elisha R. Potter, C. P. S. 

1852. 

See Xo. 68. 
See Xo. 71. 

*By the school law of 1851. 



:226 SCHOOL manual. 

DECISION No. 70. 
Appeal from School Committee of North Kingstoivn. 



^Scholars cannot be compelled to make fires for schoolhouses by either trus- 
tees or school committee. 



The regulation No. 26, adopted. by the school com- 
mittee October 25, 1852, is in these. words: "The 
trustee or trustees of each district, with the teacher, 
may cause the fires to be made in the schoolhouse, by 
directing the scholars of a suitable age to take turns 
in making the fires, or procure them to be made in 
any other way they may think proper." 

In a private school the teacher has a right to pre- 
vScribe his own terms. The parent who sends children 
to the school delegates to the teacher the right to 
.govern them according to his own rules, and to i^unish 
to a reasonable extent for the violation of them. The 
remedj^ of the parent, if he does not like the school 
or its regulations, is in not sending to it. 

To a public school every parent has a legal right to 
send his children. He sends them subject to the law- 
ful authority of the teacher, and to the lawful regu- 
lations which may be prescribed for the discipline 
and studies of the school, but he has a right to insist 
that no regulations be made which the law does not 
authorize. 

The right claimed, if it exists at all, must be de- 
irived from the general power of the committee to 
make regulations, or from the authority given to dis- 
tricts and trustees to make assessments on scholars 
and their parents. ( § 59, Law of 1851.) The lat- 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 227 

ter, however, it is very evident, contemplates only 
assessments to be paid in money and not labor. 

The power of the committee to make regulations is 
given by section 1, which authorizes them " to make 
and cause to be put up in each schoolhouse, or fur- 
nished to each teacher, a general system of rules 
and regulations for the admission and attendance of 
pupils, the classification, studies, books, discipline,. 
and method of instruction in the public schools." 

It seems to me very plain that the power to make a 
regulation of the character of the one in question is 
not given in this paragi^aph. We might as well infer 
a right to require the scholars to cut and saw the wood. 
And as I can find no other authority for it in the law, 
it must be considered as unauthorized by law, and 
accordingly null and void. 

Elisha R. Potter, C. P. S. 

1853. 

See No. 84. 



DECISION No. 71. 



Case of Phili2D B. Stiness, Jr., vs. J. H. Willardy 
Clerk of School Committee, North Providence. 

Clerk has no authority to perform of his own motion acts that are dis- 
cretionary with the committee. 

As to the point whether the clerk could legally 
order bills without the authority of the school com- 
mittee, the commissioner is clearly of opinion, in ac- 
cordance with a decision of the late commissioner, 
Hon. Elisha R. Potter, that the clerk has no power 
whatever to do any act that is discretionary with the 



228 SCHOOL MANUAL. 

committee to do or not to do. It is a well-settled 
principle that such a body as a school committee can- 
not delegate to any one of its servants any discretion- 
ary power. It may, and indeed will, often find it 
necessary to delegate ministerial powers, but it can- 
not go further than this in its acts of delegation. As 
these bills were under protest, and as it lay wholly in 
the discretion of the school committee to receive the 
schools and visit them and allow the teachers their 
bills for wages, in short, to make them legal, it must 
be held that any act of the clerk which would attempt 
to forestall the action of the committee in regard to 
that protest would be illegal and void. 

Robert Allyn, C. P. S. 

1856. 

See No. 68. 
See No. 69. 



DECISION No. 72. 



A single estate may not be taken from one town to 
be united with a district in another town for the pur- 
pose of forming a joint district, especially when other 
estates are as favorably situated for the same pur- 
pose. 

John Kingsbury, C. P. S. 

1857. 



DECISION No. 73. 



Town money can be used for incidental expenses. 

Joshua B. Chapin, C. P. S. 

1860. 

See No. 77. 



DECISIONS KELATING TO PUBLIC INSTRUCTION. 229 



DECISION No. 74. 

The power to exiDel a pupil from school is in the 
hands of the committee. 

Joshua B. Chapin, C. P. S. 

1864. 



DECISION No. 75. 



Isaac M. Bull et al. vs. School Committee of the Toivn 
of Woonsochet. 

1. The power to originally ] ay out 8. School committee have the power 
or form school districts is . to discontinue one district, 



vested in the school committee. 



even against its will, and join 
it to another. 



This is an appeal from the decision and doings of 
the school committee of Woonsocket, the effect of 
which was to discontinue district No. 10 and to en- 
large No. 9, so as to include the territor3^ previously 
within No. 10. 

The commissioner of public schools lays before us 
a statement of the facts of the case, agreed to both 
by the apx^ellants and appellees, for our decision. 
These facts are: "1. The three yillages of Globe, 
Bernon, and Hamlet were originally parts of the town 
of Smithfield, and were each organized as independ- 
ent school districts. 2. When these districts were 
set off from Smithfield and annexed to Woonsocket, 
they retained their original disti^ict organization, suf- 
fering no change except that of name, the Globe Dis- 
trict henceforth being known as No. 8, Bernon as No. 
9, and Hamlet as No. 10. 3. At a legal meeting of 

20 



230 SCHOOL MANUAL. 

the school committee of Woonsocket held June 6, 
1873, it was voted, that district No. 10 at Hamlet be 
and it is discontinued; also that the boundaries of 
district No. 9 be established so as to include what 
formerly belonged to both Nos. 9 and 10." 

The question raised upon these facts by the appeal 
is, did the school committee have power to discon- 
tinue district No. 10 and to alter the boundaries of 
district No. 9 so as to include the territory previously 
within No. 10, the voters in these districts having 
never voted to consolidate them? 

Section 3, cap. 53, of the General Statutes pro- 
vides, that "The school committee may alter and 
discontinue school districts, and shall settle their 
boundaries when undefined or disputed ; but no new 
district shall be formed with less than forty children 
between the ages of four and sixteen, unless with the 
approbation of the commissioner of public schools." 
The school committee rely upon this section as author- 
ity for their action. It certainly seems sufficient. 

The appellants, however, contend that such a con- 
struction of the section above quoted is inconsistent 
with other provisions of the statutes relating to pub- 
lic schools. They refer to § 2, cap. 47, of the General 
Statutes, " Of the powers and duties of towns . . . 
relative to public schools," which is, " Any town may 
be divided by a vote thereof into school districts," and 
argue that under the construction claimed, it would 
be possible for a school commitee to nullify the action 
of the voters of a town. They also refer to § 5, cap. 
50, of the General Statutes, "Of joint school dis- 
tricts," by which " any two or more adjoining school 
districts in the same town may by concurrent vote, 
with the approbation of the school committee, unite 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 231 

and be consolidated into one district, for the purpose 
of supporting public schools, and such consolidated 
district shall have all the powers of a single district," 
and contend that the construction claimed renders 
this section practically useless, since if a school com- 
mittee may first discontinue a district and then en- 
large an adjoining district so as to include the one 
discontinued, a consolidation of the two may be 
effected by the action of the school committee alone, 
without the concurrent votes of the districts; and a re- 
sult may thus be accomplished indirectly in a man- 
ner different from that provided for accomplishing 
the same result directly. 

The appellants also refer to cap. 48, of the Gen- 
eral Statutes, " Of the powers of school districts," 
by which school districts are made bodies corporate 
and vested with certain powers necessary for the dis- 
charge of their duties. 

The appellants assert that § 3, cap. 53, of the 
General Statutes should be so construed as to har- 
monize with these several sections to which they refer, 
and suggest that all the General Assembly intended 
was, that school committees should alter and establish 
the boundaries of school districts when undefined or 
disputed, and form new districts from parts of dis- 
tricts, when from any cause it should become desirable 
to sub-divide existing districts, and should only wholly 
discontinue or abolish a district with its consent. 

Doubtless all these provisions of the statutes are 
to be so construed as to make them consistent and to 
give effect to all. But is the construction claimed for 
§ 3, cap. 53, really inconsistent with the proper con- 
struction of the other sections of the statutes to 
which our attention has been directed ? We think not. 



232 SCHOOL MANUAL. 

The language of the first of these — § 2, cap. 47 — 
is, " Any town may he divided, by a vote thereof, into 
school districts." This may mean either that the 
town may divide itself by its vote, or that it may be 
divided, if it shall so vote. We think that the true 
construction is the latter. When a town has voted 
that it be divided into school districts its power has 
ceased. It then becomes the duty of the school com- 
mittee to lay off the districts and define their limits, 
the only limitation upon their power being, that " no 
new district shall be formed with less than forty 
children between the ages of four and sixteen, unless 
with the approbation of the commissioner of public 
schools." It is true that in the present statute no ex- 
press authority is given to school committees to form 
districts, but we think it is necessarily implied by the 
language of this limitation. Some of the obvious 
reasons for this construction of § 2, cap. 47, are, — 

1. The form of the expression is the passive ''^may 
he divided.''^ 

2. If the other construction be adopted, there is no 
limitation upon the power of towns in the formation 
of districts as to the number of children which such 
districts shall contain. 

3. The districts can be laid off and their limits 
defined much more intelligently by a body like a 
school committee than by a town. 

4. Our construction is more consonant with the 
policy of the school laws, which vest the ultimate con- 
trol and direction of school affairs, subject to appeal 
to the commissioner of public schools, in the school 
committees. 

A review of the legislation upon the subject of 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 233 

forming school districts confirms the construction 
which we have adopted. 

The second provision of the statutes to which the 
appellants have directed our attention as inconsistent 
with the construction claimed for § 3, cap. 53, is § 5, 
cap. 50. The purpose of this latter section was to 
enable adjoining districts in the same town, where 
the compactness and number of the population 
would warrant, to unite for the purpose of maintain- 
ing public schools, — the advantages of which are too 
apparent to be dwelt upon,— and as an inducement 
to so unite, § 6 provides that such consolidated dis- 
trict shall be entitled to receive the same proportion 
of public money as the districts composing it would 
receive if not united ; but they are not permitted to 
unite except with the approbation of the school 
committee, or, on appeal, of the commissioner of 
public schools. We do not think that this power of 
voluntary consolidation conferred upon adjoining 
districts was intended to prevent the school commit- 
tees from consolidating two or more districts, if in 
their opinion the interests of the schools or the judi- 
cious use of the public money required it, even though 
it should be against the wishes of the districts. The 
right of appeal to the commissioner of public schools 
would restrain and afford a remedy against the arbi- 
tary exercise of such power by a school committee. 
The third ground of objection urged by the appel- 
lants to the construction of § 3, cap. 53, claimed by 
the appellees, is that under that construction school 
committees have power to discontinue school districts 
without their consent. We do not deem this a valid 
objection. 
By the school laws of Massachusetts, cap. 23, § 24, 

20* 



234 SCHOOL MANUAL. 

of the Revised Statutes as construed in Richards v. 
Daggett, 4 Mass. 534, and Allen v. School District No. 
■2 in JVestport, 15 Pick. 35, towns had power, from 
time to time, to form new districts and to divide or 
alter the limits of old ones. School districts were 
also corporations, with powers similar to those of 
our own. In School District No. 1 in Stonehain v. 
Richardson. 23 Pick. 62, Morton, J., in the opinion 
of the court, says: "But school districts are corpora- 
tions not only very limited in their powers, but also 
of precarious existence. They may not only be 
varied and modified in the extent of their territorial 
limits, but also annihilated by a body over which 
they have no control." Again, on page 69, he says : 
" The power of towns to form new districts at their 
discretion necessarily imjjlies the power of abolish- 
ing the old ones. And as these corxDorations are 
brought into existence without the volition of their 
members, embracing every one within their limits, 
nolens volens, so they may be abolished without the 
consent and against the wish of all the members." 
We think the school committee were authorized to 
take the action appealed from, and that the appeal 
should be dismissed. 

Charles Matteson, A. J. S. C. 

1875. 

See No. 38. 



DECISIONS EELATIXG TO PUBLIC INSTRUCTION. 235 



DECISION No. 76. 

Nathan T. Verry vs. School Committee of the Town of 

Woonsocket 

For general laws to modify special laws affecting particular towns, the 
modifying intention of the legislature must be clear. 

The town council of Woonsocket, June 12, 1878, 
elected Mr. Yeriy superintendent of public schools. 
Afterwards the school committee claimed the right to 
elect the superintendent, and June 21, 1878, elected 
Mr. AV^hite. From this vote Mr. Yerry appealed to 
one of the justices of the Supreme Court. 

On account of the importance of the question in- 
volved, the case was, by request of the justice to 
whom it was presented, heard before the full court 
and argued hy counsel. 

By the act incorporating Woonsocket, Pub. Laws, 
cap. QQQ, January 31 , 1867, it is provided that the coun- 
cil shall elect so many town officers as by the laws 
of the State are or shall be required, excepting only 
a few whose election had been before provided for in 
the act. It seems to have been the intention of the 
act to vest in the council, with these exceptions, all 
the powers of the town in regard to those matters. 

.The election of superintendent of schools has been 
at several times regulated by general law. See Re- 
vised Stat. E. I. cap. 60, § 5; Pub. Laws, cap. 923, 
March 24, 1871. And by Gen. Stat. R. I. cap. 47, § o, 
1872, now in force, any town may elect, and if it fails, 
the committee shall elect one. It is compulsory that 
the town shall have a superintendent, but the com- 
mittee are to elect if the town does not. 



.236 SCHOOL MANUAL. 

By Gen. Stat. R. I. cap. 31, § 8, it was enacted that 
^' every town . . . shall have and exercise all the 
powers and privileges ... . conferred upon it 
by its charter or by the several acts of the General 
Assembly specially relating to it, until the same shall 
expire by their own limitation or shall be revoked 
or repealed." 

The j)resent case involves the question how far 
special laws affecting particular towns are to be 
deemed to be repealed or altered by general laws, 
without express mention. 

Such cases are not without their difficulties; but 
while the power of the legislature is undoubted, the 
intention should be plain. It is obvious that if the 
legislature should grant to a town a right to do some 
particular thing, and should afterward enact by gen- 
eral law that no town should do it, there would be no 
doubt as to the construction. See cases in Dillon 
Municip. Corp. § 54, 2d ed.; Sedgwick Stat. & Con- 
stit. Law, 2d ed. 99. 

In the xDresent case, under the special act, the 
powers of the town as a corporation in this respect 
were to be exercised, not in town meeting, but in 
town council, and the general law merely enacts that 
if the town, which does not necessarily imply town 
meeting, fails to elect, the school committee should 
•elect. On this view there is really no repugnance be- 
tAveen the general and special acts. 

The town here did through its council elect, and 
the election by the school committee was therefore 
illegal, and this vote must be reversed. 

As there is nothing in any of the special acts to 
which our attention has been called prescribing the 
number or mode of classifying the committee, there 



DECISIONS KELATING TO PUBLIC INSTRUCTION. 237 

can, of course, be no question bat that these subjects 
must be regulated by the General Statutes of the 
State. 

Elisha R. Potter, A. J. S. C. 

1879. 



DECISION Xo. 77. 
Uses of the Piiblic Money. 

1. Public money may be used for j 2. Public money cannot be used 
current expenses of the | for repairs or fixtures to 

schools. schoolhouses. 

As to the la^Y concerning the uses which may be 
made of the monej^ raised by the town for school pur- 
poses, there is no section or clause which specifically 
sets forth such uses. A careful comparison, however, 
of two or three different sections of the law will at 
once convince one of the fact that the law makes a 
broad distinction between the '' sup]3ort of schools" 
and the " providing of schoolhouses, etc." See §§ 
1 and 3 of cap. 50 and §§ 3 and 4, cap. 51, of the 
Public Statutes. 

But lest there might be some question, we have had 
at least two decisions from the highest authority, 
covering this point. 

In 1851, Judge Potter, then commissioner of public 
schools, decided that no portion of the school money, 
either State, or raised by town tax for the " support 
of schools," could be used for the building, furnishing 
or repairing of schoolhouses where the district system 
prevailed. 

In 1858, John Kingsbury, commissioner, wrote as 



•238 SCHOOL MANUAL. 

follows: " After consulting Chief Justice Ames I 
must decide that the phrase ' other expenses ' in cap. 
64, § 9, Revised School Laws, applies to expenses 
for things similar to books, fuel, etc., and which do 
inot come under the name of fixtures. I must there- 
fore further decide that window curtains are fixtures." 

If reference is made to the law above quoted it 
will be found to refer to the old rate bill and the uses 
to be made of the proceeds thereof. Now since the 
Increased appropriation for the support of schools, 
w^hich the towns were obliged to make when the rate 
bill was abolished, was clearly intended to supplj^ the 
deficiency created by the absence of the rate bill, it 
is equally clear that one purpose for which this in- 
creased appropriation was designed must be identical 
with those for which the former fund was raised. 

On the other hand it has always been held, when- 
ever the question has been raised, that, in any town 
where the property was owned by the districts, no 
part of the appropriation for the support of schools 
could be used in payment for such district property 
•or any part thereof. 

Thomas B. Stockv^ell, C. P. S. 

1880. 

■See No. 73. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 239- 



DECISION No. 78. 
School District No. 3, South Kingstown. 

1. The motive or reason which 3. The location of a schoolhouse- 



prompts a gift of land or money 
to a district not a subject of in- 
quiry or appeal. 
A gift of land or money to a dis- 
trict not contrary to law. 



adjacent to one's territory not 
a grievance within the view of 
the law. 



In the appeal case of C. W. Wilcox from the ac- 
tion of the school committee of South Kingstown 
whereby they fixed a new location for a schoolhouse 
in district No. 3 of said town, the following is a state- 
ment of the main facts. After several meetings of 
the district for the purpose of considering the ques- 
tion of repairing the old house and building a new 
one, at a meeting held September 5th, an offer was 
received from W. H. Potter to give the district $500,. 
if they would use it to buy a lot, called the Hazard 
lot, about fifty rods farther north on the same road as. 
the old site. His offer was accepted and the district, 
by a vote of 25 to 10, decided to take that lot and 
build a new house. The action of tlie district was 
reported to the school committee, who met, examined 
all the sites proposed, heard all iDarties interested, 
and finallj^ voted unanimously to locate the new 
house on the Hazard lot. 

The appellant resists the location of the schoolhouse 
on the new lot because it abuts directly upon his 
premises and he regards the schoolhouse so near him 
as an injury, and its location there will entail ex- 



240 SCHOOL MANUAL. 

pense upon him. He also claims, in common with 
some others, that sufficient reasons do not exist for a 
change of site, and that, even if they did exist, the 
proposed site is not a suitable one. 

During the hearing the appellant offered evidence 
as to the character of the motive or purpose which 
prompted Mr. W. H. Potter to make his offer of $500 
to the district, but it was ruled out by the commis- 
sioner on the ground that the result of the act, as 
affecting the interests of the district, and not the 
motive or cause for it, was the subject of inquiry. 

Upon the question of personal inconvenience raised 
by the ai^iDcllant, I do not regard the alleged grievance 
as coming within the scope of the provisions of the 
law, and it must therefore be set aside. 

As to the claim that the gift of Mr. Potter was of 
the nature of a bribe and so contrary to law, and the 
subsequent action of the district, growing out of it, 
void, I do not so understand either the law or the 
practice under it. From the beginning of the school 
system, private parties have continually donated 
lands and money to towns and districts for school 
purposes and with specific provisions and conditions, 
and I have never known it to be held that such gifts 
were contrary either to the letter or the spirit of the 
law. 

Upon the claim that sufficient reasons do not exist 
for a change of site and that the proposed site is an 
unsuitable one, I am of the opinion that a change is 
needed, and that the Hazard lot is, under the circum- 
stances, a fit and suitable lot and one that will tend to 
promote the best interests of the district. I do there- 
fore approve of the action of the school committee, 
and confirm their vote whereby they located the pro- 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 241 

posed new schoolhouse on the so-called Hazard lot ; 
and the appeal is dismissed. 

Thomas B. Stockwell, C. P. S. 

1881. 

Approved. Charles Matteson, A. J. S. C. 



DECISION 1^0. 79. 



Case of AiDpeal of John Nevins vs. School Commit- 
tee of Cranston. 



A change from one edition of a 
text-lDOok to another edition of 
the same book not a "■ change " 
of text-books. 

The notice of the proposed 
"■ change " required by law does 
not include a specification of 
the particular book to be in- 
troduced. It is enough to 



state the Mnd it is proposed to 
change. 
Notice must be given at a regular 
meeting of the committee, but 
action may be taken on the 
question at any subsequent 
meeting, provided proper time 
has elapsed since the notice. 



The facts apiDcar to be as follows : In 1880 the 
agent of Warren's geographies visited the several 
members of the school committee of Cranston with 
reference to the introduction into the schools of their 
revised, or N. E., edition, as it is called. After inter- 
views with all of the committee, the chairman of the 
committee ordered of the publishers, Messrs. Cowper- 
thwait & Co., a lot of the N. E. edition, which were 
sent to him with authority to put them into the 
schools at what are called exchange or introduction 
rates. No minute however appears on the records 
of the committee of any action by them relative to 
this matter. 

21 



242 SCHOOL MANUAL. 

After the receipt of these books, the chairman noti- 
fied part of the schools, and possibly all, that the 
pupils could change their geographies in accordance 
with the terms as given to him. But in no case were 
the pupils compelled to make this change ; it was 
left optional with them and the teacher. 

At the regular meeting of the school committee, 
Januarj^ 9, 1882, the following written notice of a 
proposed change in geographies was given by Mr. J. 
A. Latham, one of the committee : " Notice is here- 
by given the school committee that the matter of 
changing the text-books upon geography be con- 
sidered at some future meeting." Upon the records 
of a special meeting, held Februarj^ 4, 1882, the fol- 
lowing minute appears: ''The notice in relation to 
Harper & Bros', geography was brought forward and 
action thereon deferred till next meeting." 

At the adjournment of this meeting, February 11th, 
the following action on this subject was taken. 

Voted, "That it is advisable to adopt Harper & 
Bros', geographies for the use of the public schools- 
of this town." 

It is from this vote of the school committee that 
the appeal is taken. 

I am of the opinion : First. That no change in 
text-books was made by the committee in 1880. It is 
certain that no legal change was made, as no record 
exists of any such action, nor is there any claim that 
the committee ever took action as a body on that ques- 
tion. But it is claimed that there was a de facto 
change, and that the law was framed to protect the 
people from actnal changes. Without deciding how 
far there may be a de facto change^ which is not a de. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 243 

jure change, I am quite clear in this case, there was 
no such mandatory and general change as would 
justify any one in claiming that a change in text- 
books had been made. Again it is claimed by the 
respondents, and I think justly, that the substitution 
of one edition of the same book for another edition, 
even if the second is fuller and in many respects 
better than the first, is not a change as contemplated 
by the law. In such cases the two books are not 
diiferent books, but different forms of the same book. 
The only case where such a claim could be main- 
tained, would be where the book had been re-written 
and made so entirely unlike the old one that the two 
could not be used together. 

Second. I am of the opinion that the notice given 
January 9th was a legal notice. The law requires 
that a " notice of the proposed change " shall be 
given in writing at "a previous regular meeting." The 
notice in question was given in writing by a mem- 
ber of the committee and constitutes a part of the 
record of the meeting of January 9th, which was a 
regular meeting of the committee, so that there can 
be no question either as to the fact of its having been 
in writing, or as to the time when it was given. As 
to the character of the notice I do not think that the 
words " proposed change " cover more than the spec- 
ification of the hind of text-book which it is designed 
to change. 

It is also claimed that the notice lacks definiteness be- 
cause it refers to some future meeting. But the law 
saj^s that the notice must be given at a previous reg- 
ular meeting, which certainly allows some latitude. 
It could not have been intended that it must be 
given at the preceding regular meeting, for in that 



244 



SCHOOL MANUAL. 



case the law would have used that word, so that I see 
no deficiency in this particular. 

Third. I am of the opinion that the meeting* of 
February 11th was clothed with the power to consider 
the question of making a change of text-books in 
geography, because the fact that the law does not 
specify that the changes shall be made at a regular 
meeting, while it does so specify with regard to the 
" notice," is conclusive evidence that it was not In- 
tended to apply the same restriction in both cases. 

Thomas B. Stockw^ell, C. P. S. 

1882. 

Approved. Charles Matteson, A. J. S. C. 



DECISION No. 80. 



Stephen C. Arnold vs. School Committee of Scituate. 



School committee have no juris- 
diction in case where "unlawful 
and aggravated assault" is 
charged upon a teacher. 

No appeal lies to the commis- 



sioner from the failure of a 
school committee to sustain the 
charges made in a matter 
brought before them. 



In the matter of the appeal of S. C. Arnold from a 
certain decision of the school committee of tlie town 
of Scituate, made by them on the 4th day of Feb- 
ruary, 1882, in which they declared that a certain 
charge of ^' unlawful and aggravated assault," pre- 
ferred by said Arnold against Miss Elizabeth J. 
Smith, teacher in school district No. 5 of said town 
of Scituate, "was not sustained," the appeal_is dis- 
missed for the following reasons: 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 245 

First. I am of the opinion the school committee 
had no jurisdiction over the complaint made to them, 
and therefore no appeal can lie to the commissioner. 

Second. If the doings of the committee, which are 
complained of, related to a charge which could be 
properly investigated hy them, I do not think that 
their failure to sustain said charges can be regarded 
as a cause of grievance under our statutes. By such 
a decision they neither violate smj right of any party, 
nor den}^ him anything which is guaranteed him by 
the laws; they simpl}^ exercise a discretionary power 
which is lodged in their hands by the statutes, and 
over which neither commissioner nor court has emy 
control. 

For the above reasons, therefore, I do hereby de- 
clare said appeal to be dismissed. 

Thomas B. Stockv^^ell, C. P. S. 

1882. 

Approved. Charles Matteson, A. J. S. C. 



DECISION No. 81. 



Appeal of A. W. Kenyon vs. School Committee of 

Richmond. 

The school, and not the district, is now made the basis of the apportionment 
of the school money. 

AGREED STATEMENT OF FACTS. 

In the matter of the appeal of A. W. Kenyon, 
trustee of joint district No. 4 of Richmond and No. 
17 of South Kingstown, from the action of the school 
committee of Richmond in dividing the public money 

21* 



246 SCHOOL MANUAL. 

for the year 1888-89 the following statement of facts 
was agreed npon by the appellant and Charles J. 
Greene, clerk of the school committee: 

That school district No. 4 of Richmond is united 
with school district No. 17 of South Kingstown to 
form a joint district, so called, under the provisions 
of § 8, cap. 53 of the Public Statutes, with the school- 
house located in South Kingstown. 

That during the year ending April 30, 1888, there 
was an average attendance of eleven scholars from 
district No. 4 of Kichmond. 

That on the second day of July, 1888, the school 
committee of Richmond met and passed the follow- 
ing vote, to wit: Voted, To divide the public school 
funds for the year 1888-9 among the several districts 
by allowing for each school $172, and for each pupil 
per yearly average $6.50, and that the remainder be 
reserved for tuition and printing after allowing dis- 
trict No. 4 $50 additional. 

The appellant claims : — That school district No. 4 
of Richmond, being a whole district, duly formed and 
created in accordance with law, is, as such, entitled 
to the same recognition in the matter of the appor- 
tionment of the public money as any other district 
in the town. 

That according to the report of the school commit- 
tee and in the eye of the law the district maintained 
a school and still maintains it, and hence is entitled 
to its just share and proportion of the public money 
under the law. 

That the fact that said district No. 4 is joined 
with district No. 17 of South Kingstown does not in 
the least degree interfere with, or destroy, its claims 
upon the public money. 



DECISIONS KELATING TO PUBLIC INSTRUCTION. 247 

That by virtue of §§ 8 to 11 inclusive, cap. 53 of 
tlie Public Statutes, said district No. 4 is entitled to 
the same recognition by the school committee of 
Richmond as if it were an independent district, and 
maintained a school within its own territorial limits. 

That under the provision contained in cap. 689 of 
the Public Laws, said district No. 4 is entitled to at 
least one hundred and eighty dollars. 

Charles J. Greene, for the school committee, claims 
that as there is but one school in the joint district, 
and that is located and maintained in district No. 17, 
South Kingstown, said school cannot be at the same 
time maintained in district No. 4, Richmond. 

That district No. 4, Richmond, does not at all main- 
tain a school in the sense recognized by the law, and 
hence that the committee were not obliged, under the 
provision of cap. 689 of the Public Laws, to ax)portion 
to said district the minimum amount specified in said 
chapter; but that the amount to be allotted for the 
j)U]3ils residing in said district was within the dis- 
cretion of the committee. 

That the provision at the end of said cap. 689, by 
its very terms, making the school and not the district 
the basis of the division, precludes the claim of the 
district as such. 

OPINION. 

Under Public Laws R. I. cap. 689, the school, and 
not the district, is made the basis of apportionment 
of the school money. The town's proportion of the 
$120,000, received from the state, and the one-fourth 
at least of the town's apiDropriation for the sujDx^ort 
of schools is to be a]3portioned bj- the school commit- 



248 SCHOOL MANUAL. 

tee among the districts equally, according to the num- 
ber of schools maintained in each, the remainder of 
the town's appropriation, monej^s received from reg- 
istry and dog taxes, from school funds and other 
sources is to be divided into two equal parts, one of 
which is to be apportioned to the several districts 
according to the average attendance of the schools 
therein for the year preceding, and the other is to 
be apportioned at the discretion of the committee. 

The proviso of § 1 of the chapter is that the total 
apportionment for each school shall not be less than 
$180. 

I am of the opinion, therefore, that inasmuch as 
no school is maintained in district ^N^o. 4, Richmond, 
that district is not entitled as of right to any portion 
of the school money, but only to such sum as the 
committee in the proper exercise of its discretion 
shall allow. 

Public Statutes R. I. cap. 53, § 11, relied upon by 
the appellant in support of his claim, being inconsis- 
tent with Public Laws cap. 689, was repealed by § 2 
of said cap. 689. 

Charles Matteson, A. J. S. C. 
II 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 249 



TEACHERS. 



DECISION No. 82. 

Case of Laijton E. Seamans vs. School Committee of 

Coventry. 

1. Committee have a legal right to 2. A teacher, having been dismissed, 
refuse to examine a teacher as cannot draw teachers" money, 

to literary qualifications if they 
are dissatisfied with his moral 
character. 

Layton E. Seamans axoplied to tlie school commit- 
tee of Coventry for examination as a teacher of a 
X^ublic school. The committee, however, as they had 
a legal right, and as thej' thought upon their oaths 
they were bound to do, refused to examine him as to 
his literarj^ qualifications, on the ground that thej" 
■considered his moral qualifications insufficient for 
the requirements of the law. Mr. Seamans then suc- 
ceeded in obtaining a county certificate (under Law 
of 1851) from a county insiDector in Pi'ovidence county, 
and also obtained the counter signature of the com- 
missioner of public schools ; both of these gentlemen 
supposing that no objections had ever been made to 
Seamans' moral character. With this certificate thus 
countersigned, Mr. Seamans entered the school in 
district No. 5, Coventry, as a teacher. He gave no 
notice of beginning to the school committee, neither 
did he in any way conform, or show a disposition to 



■250 SCHOOL MANUAL. 

conform, to the rules of the said committee for the 
government or instruction of the schools of their 
town. 

On the 26th of January, 1855, the committee for- 
mally dismissed him from his school, on account, as 
thej alleged, of his having fraudulently procured 
the above-named county certificate, and non-compli- 
ance with their regulations. 

Mr. Seamans, however, continued his school to the 
<3lose of his term, when the school committee- granted 
him an order for the money to pay his w^ages for the 
time previous to January' 26th, 1855, and refused to 
grant an order for the time subsequent. It was from 
this refusal that the appeal was taken. 

The commissioner is of opinion that the vote of the 
school committee, by which Mr. Seamans was dis- 
missed, was a legal and proper vote, and in accord- 
ance with the 56th section of the act relating to pub- 
lic schools, which gives to a school committee the 
power to dismiss a teacher, by whomsoever examined, 
for just cause. The cause which they alleged ap- 
pears to be a just and sufficient one. They had after 
this dismissal no right, according to the 21st section 
of the act above referred to, to grant any order to 
Mr. Seamans for services performed as a school 
teacher in any of the schools of the town, subsequent 
to the time when he was informed of the act of the 
school committee by which he was dismissed. The 
Tote of the school committee is therefore affirmed. 

Robert Allyn, C. P. S. 

1855. 

See No. 66. 
See No. 67. 
See No. 68. 
See No. 69. 



DECISIONS RELATING TO PUBLIC INSTEUCTION. 251 



DECISIOIsr No. 83. 

Case of Emor Smith vs. School Committee of Smith- 
field. 



The act of one member of a 
committee not the act of the 
committee. 



3. Possession of a certificate enti- 
tles teacher to a trial before 
annulling. 



2. Xotice to a teacher that he is on i 4. Failure to properly instruct and 
trial is sufficient to proceed i govern, good cause for annul- 

Tvith annulment, after the trial. I ling. 

In this case a certificate was legally issued to the 
appellant, and subsequentl}^ the clerk of the commit- 
tee visited liis school and not being satisfied there- 
with immediately sent a note to the trustee that he 
had annulled the certificate, but sent no notice to the 
teacher. Another teacher, however, was hired by the 
trustee. Smith appealed to the commissioner of pub- 
lic schools, and a partial hearing took place on the 
27th of January ; and on the 31st, the committee fail- 
ing to appear, the act of Holmes, the clerk, was de- 
cided to be void, since in fact no annulment had been 
made, nothing but a notice having been sent to the 
trustee that such annulment was made. 

The school committee of Smithfield, however, met 
on the 29th of January, and by a unanimous vote pro- 
ceeded to annul the certificate of said Smith, given 
him by Harvey Holmes and dated December 16, 185 J:, 
"for deficiency and want of qualification." It is- 
from this vote that the appeal is taken, and in refer- 
ence to this that the following decisions are made. 

The first point made by the appellant was that the 
decision reversing the act of Holmes, made on the 
31st of January, was necessarily conclusive in this, 



252 SCHOOL MANUAL. 

and reversed it also. That, however, was clearly an 
illegal act done by a single member of the commit- 
tee, to whom no such power to annnl was ever dele- 
gated, — in fact, there is no evidence to show that 
Holmes ever wrote an annulment. He undoubtedly 
supposed that he had annulled the certificate of 
Smith, but the contrary is clear ; and therefore the 
committee w^ere at liberty to take original action in 
the case. It is their act that is to be examined on its 
own merits. And this can only be justified where it 
is shown that the circumstances of the case actually 
called for this course on their part. 

A second point made for the appellant was, that 
he had no notice of the intention of the committee to 
annul his certificate, and therefore he had no oppor- 
tunity for trial and defence. It is believed on this 
Ijoint, that the conversation which passed between 
him and the examiner was notification enough that he 
was to have four weeks for trial and practical demon- 
stration of his ability to teach and to govern in the 
schoolroom. And this is a better form and mode of 
trial than can be had elsewhere. It is therefore de- 
cided that such a trial is sufiicient, especiallj^ as the 
teacher always has an aj)peal, where it can be exam- 
ined whether the trial in the school was fair and suifi- 
cient. 

The points made by the committee were two : 

1. That Smith was not qualified in literarj^ attain- 
ments for the office of teacher. 

2. That he failed to comply with the regulations 
for the schools of Smithfield made by the school com- 
mittee, and that he failed to impart instruction and 
to govern his school in a proper manner. 

On the first of these points, the commissioner does 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 25B 

not feel bound to go back of the certificate of the 
committee. They, or their clerk, gave him a certifi- 
cate in proper form, under their oath, after due exam- 
ination and consideration of the circumstances. It 
must therefore be held that he was qualified, at least, 
to make a trial of his skill in the schoolroom. 

The case then must turn wholly on the questions, 
whether or not Smith did comply with the regulations 
of the school committee, and whether he did really 
properly instruct and govern his school. The testi- 
mony on this point was large in amount and conflict- 
ing in character. 

From the facts in the case, as they appear to the 
commissioner of public schools, it seems to him that 
the school committee of Smithfield only discharged 
the duty imposed upon them by the law and by their 
oath of office, and their act of annulling the certifi- 
cate of the said Smith ought to be sustained. 

Robert Allyx, C. P. S. 

1855. 

Approved. William E. Staples, C. J. S. C. 

See No. 68. 
See No. 69. 

See No. 71. 



DECISION No. 84. 



A teacher cannot be required to make fires in a 
schoolroom. 



Robert Allyn, C. P. S. 



1855. 

See No. 70. 



23 



254 



SCHOOL MANUAL. 



DECISION No. 85. 



Appeal of L. A. Freeman & R. E. Budlong vs. 
School Committee of Cranston. 



In towns without districts school 
committees are not obliged to 
issue a certificate of qualifica- 
tion before engaging a teacher. 

School committee may determine 
qualifications of a teacher by 
other means than examination. 



After a formal vote to appoint, 
and notice of same to teacher, 
school committee have no right 
to interpose an examination or 
other condition. 



In this case it appears that the school committee of 
Cranston, on July 8th, " appointed Miss Jeanette H. 
Ram age to teach in grades 4 and 5 in district No. 4, 
at a salary of eleven dollars per week, for one term,'''' 
and on the following day notice of her appointment 
was sent to her through the mail hj the clerk of the 
committee, and her acceptance was received by him 
in due time. The last of Aujo^ust Miss Ramage was 
notified by the superintendent that she would be ex- 
pected to appear for an examination the week before 
the schools were to be open. 

As Miss Ramage was sick she could not be present 
at that time, and it was not until the first of October 
that she was able to take up her duties. On Monday, 
Oct. 7, she reported for duty at the school to which 
she had been appointed, but was met there by the 
superintendent who forbade her teaching until she 
had taken the examination, which was required by 
the rule of the committee. After some discussion an 
arrangement was effected whereby Miss Ramage was 
to take the examination Monday night and Tuesday, 
which she did. At the close of the examination, on 
asking if she was to take charge of the school the 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 255 

next day, the superintendent told her that she was 
not to teach until she heard from him. On Thursday 
morning she received a letter from him announcing 
that the average of her examination fell below the 
percentage required hy him, and that he must refuse 
to give her permission to teach. 

In consequence thereof Miss Ramage, though ready 
and waiting, was unable to fulfill her engagement. 

The question at issue here is, was the school com- 
mittee of Cranston authorized in the circumstances 
to refuse Miss Ramage permission to teach in the 
school in the Edgewood district to which she had been 
aj)pointed. 

There is no disiDute over the terms of the formal ac- 
tion of the committee on July 8th, and of the official 
notification thereof to Miss Ramage. It remains to 
consider what was the nature of that action and 
whether the school committee were authorized under 
the law to take it. It would certainly seem that the 
vote of the committee was an explicit and definite 
appointment to teach a given school for one term, 
without any condition or qualification. And the 
notice sent her by the clerk seems to be capable of 
no other construction or interpretation. 

That it was so considered by Miss Ramage is shown 
by the nature and tenor of her repl}^, and her imme- 
diate resignation of the position held by her in 
Shenandoah, Pa. 

We now come to consider whether the school com- 
mittee had the authority to make such an appoint- 
ment. Under the original organization the schools 
of Cranston were carried on under the district sj^s- 
tem and the teachers were hired by the trustees, but 
in 1892 the town voted to abolish the school districts 



256 SCHOOL MANUAL. 

and, by virtue of § 3 of cap. 447 of the Public Laws, 
the school committee became clothed, among other 
powers and duties, with that of hiring all of the 
teachers. The sections of the law bearing upon the 
powers and duties of the school committee in this 
connection were very evidently drafted with refer- 
ence to the management of the schools under the 
district system, that being the almost universal form 
of management when the law was first framed. 
About the only change in any of the sections is the 
one made in § 1, cap. 57, where the words, "by 
any trustee," were inserted in the law in the re- 
vision of 1882, which clearly shows that it was in- 
tended to relieve the school committee, in cases where 
they hired the teacher, from the formality of issuing 
certificates to those whom thej^ had decided to hire. 
Section 7, chapter 56, says " The school committee 
7)iay examine " etc, but the word " may " is used in- 
stead of " shall," as in the next two sections with 
reference to other duties, showing that, even when 
they were required to give certificates, they were 
allowed to use other means than an examination, if 
they saw fit, to determine the teacher's qualifications. 
In this case I do not see any exercise of power on 
the part of the committee, which they were not fully 
authorized to make and also justified in making. 
The person proposed, or recommended, for the 
vacancy was known to be possessed of diplomas 
from a high school and a State Normal School, which, 
while by no means conclusive evidence, are certainly 
credible evidence of literary ability, and the per- 
sonal testimony of one of their own number as to the 
candidate's success in teaching would certainly be 
regarded as worthy of respect. It is my opinion that 



DECISIONS KELATING TO PUBLIC INSTRUCTION. 257 

any school committee would be justified in appoint- 
ing for "one term" at least, as a trial, any person com- 
ing before them with such credentials. Of course I 
do not mean that such testimony is absolute, but it 
does afford suitable basis for a trial engagement, if 
it seems best to the committee. 

I must conclude, therefore," that the action of the 
committee on July 8th, as formally conveyed in writ- 
ing by the clerk to Miss Ramage, and her formal ac- 
ceptance in writing, constitute a legal contract, which 
is binding upon both parties, according to the terms 
thereof. 

The question now arises was the school committee 
authorized in refusing Miss Ram age the opportunity 
to fulfill her part of the contract, upon the ground 
set \\j) by them, viz.: the failure of Miss Ramage to 
pass a satisfactory examination. 

I do not think so, for the reason that no such con- 
dition entered into the contract or agreement which 
they had made with Miss Ramage. 

The only ground upon which such a condition 
could have been introduced would have been the fact 
that it was required by State law, over which, of 
course, they could have no control. But no such law 
exists. If the original law remained, it would not 
have absolutely demanded an examination, but that 
she should have had a certificate before she began to 
teach. As it is, the only thing that can be claimed 
to give a basis for the insistence on the examination 
is a vote of the school committee, passed in 1893. 
But that vote, like any other vote or action of the 
school committee, was subject to the control of the 
committee, and by the j)assage of a vote like that 

22* 



258 SCHOOL MANUAL. 

appointing Miss Ramage was waived or repealed in 
that particular case. 

There is no question as to the authority of the 
school committee to require ever}^ candidate for a 
position as teacher under their jurisdiction to pass 
as thorough an examination as they may deem best, 
but it must precede the appointment, or the apijoint- 
ment must be made upon that condition. 

In view, therefore, of the above, I do declare the 
action of the school committee of the town of Crans- 
ton in refusing Miss Jeanette II. Ramage permission 
to teach in grades 4 and 5, of the Edgewood district, 
to have been contrary to law, and that Miss Ramage 
was entitled under the terms of her appointment to 
teach in said position from the date of her reporting 
for service, for the balance of the period for which 
she was hired. 

Thomas B. Stockwell, C. P. S. 

1895. 

I concur in the opinion of the commissioner on the 
questions of law discussed. 

Charles Matteson, C. J. S. C. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 259 



LEGAL PROCEEDINGS. 



DECISION No. 86. 

School commissioner has power to define the bounds 
of a district, when appealed to from vote of commit- 
tee. 

Henry Barnard, C. P. S. 

1848. 

Approved. Elisha R. Potter, C. P. S. 

1852. 

Approved. Joshua B. Chapin, C. P. S. 

1864. 

See No. 88. 



DECISION No. 87. 

School District No. 7, BurrillviUe. 

I am of opinion that the decision of the committee, 
though not involving the merits of the question, is 
such as maj' be appealed from, and that on such ap- 
peal the whole merits of the case nmy be examined 

and decided. 

Elisha R. Potter, C. P. S. 

1850. 

Approved. Levi Haile, A. J. S. C. 



260 SCHOOL MANUAL. 

DECISION IS^o. 88. 

Upon the refusal of the committee, the commis- 
sioner may fix the district boundary. 

Elisha R. Potter, C. P. S. 

1851. 

See No. 86. 



DECISION^ No. 89. 
School District No. 3, North Providence. 

Where express power is not conferred on commissioner, lie can, on ap- 
peal, simply remand the matter with his decision, and if the official inter- 
ested will not acquiesce, the remedy is a mandamus from the Supreme 
Court. 

The difficulty which the court experiences in this 
■case results from the 21st section of "the act to 
revise and amend the law regulating public schools," 
which defines the duties of the town committee. This 
section provides that the town committee shall draw 
orders upon the treasurer for the payment of money 
clue, in conformity with the law: Provided, ^^ that 
the committee shall not be obliged to give any order 
until they are satisfied the services have actually 
been performed for which the money is to be paid." 
They are to decide when monej^ is due, and, having 
so decided, to draw an order for its j)ayment. And 
the 23d section of the same act prescribes that " the 
town treasurer shall receive the money due from the 
State treasury, and shall keep a separate account of 
all money appropriated by the State, or town, or 
otherwise, for public schools, and shcdl pay the same 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 261 

to the order of the school committee.'^^ These two sec- 
tions are exceedingly significant. The first prescribes 
who shall draw the orders, and the other what orders 
the town treasurer shall be bound to pay. The 6oth 
section of the school act gives an appeal from the 
decision of the school committee to the commissioner, 
whose decision is to be final. But the commissioner, 
by this section, has only authority to affirm or reverse 
the decisions of the town committee, but has no 
authority to draw orders ; and any orders drawn by 
him are not obligatory upon the town treasurer. We 
think the proper coarse for him is to adjudicate upon 
the appeal, and certify his decision to the town com- 
mittee, requesting them to draw the order required, 
and, if the}^ refuse, a mandamus may be granted to 
compel them to draw the order. 

Richard W. Greene, C. J. S. C. 

1852. 

See No. 54. 
See No. 91. 
See No. 93. 
See No. 94. 
See No. 96. 
See No. 99. 



DECISION No. 90. 

School District No. S, North Providence. 

I am of opinion that the commissioner has a right 
to allow a rehearing for good cause, in his discretion ; 
but it is not in the power of the commissioner to dis- 
pense with the teacher's having a legal certificate, 

Elisha R. Potter, C. P. S. 

1852. 

Approved. Richard W. Greene, C. J. S. C. 

See No. 93. 



262 SCHOOL MANUAL. 

DECISIOIsr No. 91. 

School District No. 8, North Providence. 

Commissioner cannot compel trustees to grant a warrant for the collection 
of a tax, and must not interfere to perform their duties. 

A tax was voted, assessed, and partly collected ; 
and the commissioner is now asked to appoint a col- 
lector and to issue a warrant to collect the balance. 

Counsel for a taxpayer in said district opposed to 
the granting the petition raised a question of juris- 
diction, and moved that the petition be dismissed be- 
cause the commissioner had not power to grant the 
relief prayed for. 

After consideration, the commissioner submits the 
following as his decision on the question of jurisdic- 
tion: 

It is seriously doubted whether, under the forty- 
sixth section of the school law, — the section cited as 
giving all the authoritj^ over the case, — the commis- 
sioner has power to order and enforce the collection 
of the balance of a tax legally voted, approved, as- 
sessed, and partly collected by a district under the 
rightful authority of their trustees. The case con- 
templated by that section appears to be one in which 
there is no power in the district to collect taxes and 
thus satisfy any just claims which creditors may have 
against it, and not one in which the power has 
already been exercised to a certain extent, and the 
•officers of the district are simply indisposed to pro- 
ceed. The petition does not allege any errors in the 
assessment nor any want of power to collect, but only 
asks the commissioner to perform a duty legally de- 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 263: 

volving upon their officers, but very repugnant to 
their feelings ; or, in other words, it is but asking one 
officer of the State to undertake a duty where his. 
authority is at least doubtful, and discharge it for 
another where the latter's jjower is far more clear. 

Besides, it seems that, according to the sixty-sixth 
section of the school law, the trustees of the district 
have a right to presume that the tax was a legal one,, 
and that it is, therefore, properly and lawfully due,^ 
inasmuch as there apjpears to have been no exception 
taken to the vote by which it was ordered, nor to the 
act by which it was assessed. 

It is a principle which must govern the commis- 
sioner, that he will not encroach upon the powers, 
prerogatives, or duties of any officer below him elected 
by the people themselves. And as the trustees of the 
district were elected for this very purpose of collect- 
ing all lawful taxes, and as they have ample powers- 
and securities, the petition is therefore dismissed. 

ROBKRT AllyNj C. p. S. 
1855. 

See No. 54. 
See No. 89. 
See No. 93. 
See No. 94. 
See No. 96. 
See No. 99. 



264 SCHOOL MANUAL. 

DECISION No. 92. 

Transfer of land does not make another appraisal 
of a lot necessary, and the failure from sickness to 
make an appeal invalidates the claim to make another, 
without special legislation. 

John Kingsbury, C. P. S. 

1856. 

Approved. Elisha R. Potter, A. J. S. C. 

See No. 95. 



DECISION No. 93. 
Petition of Emor Smith for Rehearing. 

1. Kehearing not possible after ap- i dence, but not to submit the 

proval by a judge of the Su- evidence as such to the judge, 

preme Court. 3. Jurisdiction of the commis- 

2. Commissioner to make up a state- | sioner. 

ment of facts from the evi- I 

In the matter of the decision of the commissioner 
of public schools in case of the apj)eal of Emor 
Smith from a vote of the school committee of Smith- 
field, annulling the certificate of said Smith as a 
•teacher in said town. 

This is a motion or petition for a reconsideration, 
by the commissioner and the judge, of the above de- 
cision, on the ground that the decision of the com- 
missioner reported to the Hon. William R. StajDles, 
late Chief Justice of the Supreme Court, on the 24th 
day of August, 1855, and approved on the 26th day 
of September, 1855, is not valid and binding, because 



DECISIONS EEL.1TIXG TO PUBLIC IXSTKUCTIOX. 265 

the commissioner did not report a statement of the 
facts as they were sworn to or admitted, but instead 
thereof reported as fads his own conclusions upon 
the testimony ; it appearing from the petition of said 
Smith that " he insists that there can be no final or 
binding decision, until a statement of the evidence 
shall be made to the judge," for reasons by him in 
his iDctition set forth. 

The 65th section of the "act to revise and amend 
the laws regulating public schools," provides "that 
the commissioner may (and if requested on the hear- 
ing of either party shall) lay a statement of the facts 
of the case before some one of the judges of the 
Supreme Court, whose approval of such decision 
shall be final," If then, in the matter of this deci- 
sion, upon such request, a statement of the facts of 
this case, in the sense of the statute, has been laid 
before one of the judges of the Supreme Court, and 
the decision of the commissioner has been by him 
approved, this "approval" is, by the very words of 
the statute, made final, irrespective of the merits of 
the decision approved. The "appeal" in other words, 
in the civil law sense of the term, and as it is used 
in our statutes, — that is, a rehearing of the whole 
cause, matter of fact as well as law, after it has been 
decided by a competent tribunal, — is e;^pressh' given, 
by the first words of the section of the school act 
above referred to, to the commissioner ; and the sec- 
tion provides that his decision upon such appeal shall 
be final, if the commissioner, upon the request of 
either party, shall "' lay a statement of the facts of 
the case" before one of the judges of the Supreme 
Court, and he shall approve the decision. The pur- 
pose of this last provision was, undoubtedl}^, to give 

23 



266 SCHOOL MANUAL. 

to the commissioner and the parties the aid of such 
a judicial officer in matters of law, and to secure as 
far as conveniently practicable, by an uniform con- 
struction of the act, an uniform system of legislation 
upon so important and interesting a subject as the 
discipline and government of our public schools. 

The document entitled " Decision of commissioner 
of public schools in case of appeal of E. Smith from 
a vote of the school committee of Smithfield annul- 
ling the certificate of Smith as teacher in said 
town," signed by Robert AUyn, commissioner of pub- 
lic schools, is, in my judgment, "a statement of facts^^ 
by the commissioner in the sense of the 65th section 
of the school act, although it is not, as it is averred 
by the petitioner that it is not, a statement of the 
testimony or evidence by means of which the com- 
missioner ascertained the facts which he states in it. 
" A statement of facts " from testimonj^ or evidence 
must, from its verj^ nature, be the conclusions of the 
officer entitled to make it, from the testimony or evi- 
dence which he has heard ; and the distinction be- 
tween such a statement, and a statement of the evi- 
dence or testimony on which it is based, is too well 
settled in legal ]3ractice and parlance to require illus- 
tration. Whether the conclusions drawn from the 
evidence or testimony by the commissioner were 
legitimate or not, is a matter which the law does not, 
in my judgment, confide to the judge, but solely to 
the commissioner, who alone hears the appeal, listens 
to the witnesses, examines the evidence, and arrives 
at the conclusion of what are "the facts of the case.^^ 
Xo power, no means, are, in my judgment, given to 
the judge to examine into these facts. It is the duty 
of the commissioner, under the law, to decide what 



DECISIONS EELATING TO PUBLIC INSTRUCTIOX. 267 

the facts are, and to lay a statement of them before 
the judge, with his decision upon them, and the sole 
of&ce and jurisdiction of the judge is, upon such 
statement, to approve or disapprove the decision of 
the commissioner. This is not onh^ plain from the 
words of the act, but is to be inferred from the nature 
of the facts to be ascertained, — the good or ill disci- 
pline of schools, the fitness or unfitness of teachers 
to instruct or discipline scholars, and the like facts, 
peculiarly fitted to be ascertained from evidence by 
the commissioner, but which the judge would ordi- 
narily have no such peculiar qualifications to ascer- 
tain. 

The jurisdiction of the school commissioner under 
the public school act, by way of appeal from the de- 
cisions or doings of school committees, district meet- 
ings, trustees and county insi)ectors, is, looking to the 
subject, nature, and manner of its exercise, rather a 
visitatorial power than that of an ordinary legal tri- 
bunal, and the power of the judge of the Sui^reme 
Court in the matter of such an appeal is limited, ]3re- 
cisely as might have been anticipated from the uni- 
versal course in such cases, to the mere approval of 
the decision of the commissioner ujion his statement 
of the facts. 

It being admitted by the petitioner in his said peti- 
tion that the decision and statement of facts of the 
-commissioner in the matter of this appeal was laid 
by the commissioner before Chief Justice Staples on 
the 24th of August, 1855, and that the said decision 
was, by said Chief Justice Staples, then one of the 
judges of the Supreme Court, approved, — and it ap- 
pearing to me that the statement of facts submitted 
to said judge was such a statement of facts as is re- 



268 SCHOOL MANUAL. 

quired by tlie statutes, and that his approval there- 
upon of the decision of the commissioner is final, — 
I therefore approve the decision of tlie commissioner 
that this motion or petition for reconsideration must 
be by him dismissed for want of any jurisdiction in 
him alone, or in him conjointly with a judge of the 
Supreme Court, to rehear or reconsider the decision 
so approved. 

After such a decision and approval made, neither 
the commissioner nor Judge Staples, if the latter were 
still in office, could rehear or reconsider the matter of 
the same, no matter how erroneous such decision and 
approval might be. Much less can the commissioner, 
with another judge of the Supreme Court, or subject 
to approval of such judge, whether then in office or 
succeeding to the office of Judge Staples, reconsider 
and rejudge his approval. 

Samuel Ames, C. J. S. C. 

1856. 

See No. 54 
See No. 89 
See No. 90 
See No. 91 
See No. 91 
See No. 96 
See No. 99 



DECISIONS EELATINO TO PUBLIC INSTKUCTION. 269 

DECISION No. 94. 
School District No. 10, North Providence. 

The school commissioner has no .imdsdiction in an appeal from a vote of a 
school district to enforce a claim against the collector of a district. 

The appellant, tax collector of school district No. 
10, North Providence, has siiifered no grievance at 
the hands of the district, of which he can complain 
to the school commissioner. He has collected money 
which the district demands of him, as they have the 
right. His answer is, that he has paid it to the treas- 
urer ; but as the treasurer denies this, and the evi- 
dence of payment produced by the collector is not 
satisfactory, the district very properly persist in their 
demand. The appellant's admission charges him with 
the money, and he produces no sufficient evidence, as 
it would seem, in his discharge. A mere demand of 
money as due, though unfounded, is no ground of 
legal complaint, and this demand, under the circum- 
stances was natural and proper. 

Besides, a money claim of this sort, made by a 
school district against its collector or treasurer, seems 
to be wholly without the jurisdiction of the commis- 
sioner. He can issue no execution to enforce it, nor 
can he enjoin any suit commenced upon it. It must 
necessarily be adjusted by the ordinary tribunals of 
law, which are clothed with powers to aid the right, 
in the way both of pursuit and defence. The scliool 
law, by enabling school districts to require bonds of 
their clerks, collectors, and treasurers, points to the 
ordinary legal remedies against such officers in case 
they do not faithfully account for moneys received 

23* 



270 SCHOOL MANUAL. 

by them, or damages are sought against them for 
other breach of official duty. 

The school commissioner in my judgment was right 
in dismissing this appeal. 

Samuel Ames, C. J. S. C. 

1861. 

See No. 54. 
See No. 89. 
See No. 91. 
See No. 93. 
See No. 96. 
SeeNo. 99. . 



DECISION No. 95. 
School District No. 7, North Providence. 

An award, of appraisers is void, unless both the owner of the land and the 
representatives of the district are heard at one and the same hearing. 

In a suit against a school district, on an award of 
appraisers of the value of a lot taken for a school- 
house under cap. QQ, as amended by cap. 323, of the 
Revised Statutes, it appearing, that at the meeting of 
the district clerk and of the plaintiff, upon notice be- 
fore the appraisers for hearing upon the matter of 
the valuation of the lot, the plaintiff, when going 
Avitli the appraisers upon the land, with coarse and 
violent language forbade the clerk to accompany 
them, who thereupon remained behind, and the 
plaintiff in the absence of the clerk was heard by 
the appraisers ; it ivas held, that the award thus 
made by the appraisers was void, and could confer 
no right of action in favor of the plaintiff against 
the district. 



DECISIONS EELATING TO PUBLIC INSTKUCTION. 271 

It was the right of the defendants to be present at 
all times during the hearing, that they might know 
and hear whatever was offered to the referees, either 
by way of eyidence or argument, by the plaintiff; that 
they might know what was necessary to be answered 
by proof or by argument, and, especially, that they 
might see that no improper communication was made, 
or illegal evidence offered, to the referees 

We are of the opinion that the award obtained 
should be held void. 

George A. Brayton, A. J. S. C. 

1863. 

See No. 91. 



DECISION No. 96. 

School District No. 19, South Kingstown. 

Appeals may be made from decisions of committees in locating 
sohoolhouses. 

Objection is made to the decision of the commis- 
sioner in this case, that it is not a case where the law 
gives any right of appeal, and that therefore the de- 
cision of the school committee was tinal and con- 
clusive, as was decided in the case of John H. 
Gardner, reported in 4 R. I. 602. 

The grounds of the argument against the right of 
ai3peal in this case could not, of course, be more abl}^ 
stated than they are in the decision to which the 
counsel refers us. 

And they are. First. That a grievance implies a 
wrong growins: out of some infraction of law; a liti- 



.272 SCHOOL MANUAL. 

_gated question of right. The present case involves 
no question of violated right and therefore the ap- 
pellant is not a party aggrieved. Second. That the 
discretion is with the school committee; they have the 
j)Ower to decide it, and no wrong is done to any one, 
and no one has a right to complain, or correct them. 
Third. That a contrary construction would throw 
every discretionary power into the hands of the com- 
missioner and the Supreme Court, which latter might 
be utterly unfit to exercise it. 

First. Is the appellant a party aggrieved ? He is 
a ijroperty holder in the district. The owners of that 
property have or may have children entitled to the 
privileges of the school. The distance of the location 
from his dwelling may seriously affect, not onlj^ the 
<?onvenience of sending to school, but the value of his 
property hereafter. If the money was a gift from 
some one to found a school, he might dictate the site 
-and the conditions of his bounty, and no one could 
legally complain. Here the w^hole money, as well 
Avhat comes from the State and town treasuries to pay 
the teacher, as the money to build the house, is derived 
from taxation, of which the appellant, it is presumed, 
pays his fair proportion. Some hundreds of years 
^go, perhaps, a deprivation of school privileges might 
not be considered a grievance ; hardly so now. The 
appellant paj^s his proportion of the whole expendi- 
ture, and has a very material interest in the proper 
application of it. 

Second. Does the fact that the school committee 
exercise a discretion in the choice of a site prevent 
an appeal? 

To apply such a doctrine to the school law would 
almost nullif}^ the provisions for appeal. 



DECISIONS KELATING TO PUBLIC INSTKUCTION. 273 

There is hardly an exercise of power by the school 
committee or trustees which does uot imj)ly the exer- 
cise of discretion. The mere giving an order for pay- 
ment of wages may, perhaps, be an exception ; bnt 
the examining, and, in some cases, employing teach- 
ers, annulling of certificates, forming and changing 
school districts, supervision of taxes and building of 
houses, and the general regulation of the schools, all 
imi)ly discretion. So Avith trustees ; and so, in many 
cases, with the powers vested in school districts. If, 
because they have the power to decide in the first 
place, and because they exercise a discretion in doing 
It, there can be no ax3peal, there would be hardlj^ a 
case left for the exercise of such a right. 

And yet the language of the provision is ver}- broad, 
and it would seem difficult, without a great deal of 
verbiage, to make it more coniprehensive. 

If there was any doubt as to the meaning of the 
law, there is another principle of decision which might 
be resorted to for aid. When a law admits of differ- 
ent constructions, it is well settled that the usage un- 
der it, and the practical construction of it for a series 
of years, is entitled to great weight, and sometimes 
may be decisive. 

In the iDresent case the practice was uniform. The 
first two commissioners under the law were constantly 
engaged in examining appeals of this very sort, some- 
times confirming and sometimes altering, or wholly 
revising, decisions of committees as to sites of school- 
houses. The re-districting, which the law rendered 
necessary in most of the towns, led to frequent dis- 
sension. And the practice was continued under their 
successors, and does not seem to have even been 
questioned until 1858. 



274 SCHOOL MANUAL. 

It would 110 doubt make the office of commissioner 
easier and more pleasant to take away this power. 
The decision of such cases leads frequently to enmi- 
ties, or charges of being subject to improper influence. 

School committees, however honest, may be subject 
to local influence; and the very knowledge that their 
determination was likely to be reviewed by a disinter- 
ested person, might, in many cases, prevent an im- 
proper decision. And a commissioner would seldom 
revise a decision of a committee, unless he was satis- 
fled that the public good or justice to individuals 
required it. 

And for the purpose of securing uniformity in the 
administration of the law, this provision is very im- 
portant. 

Third. The third objection is that the allowance 
of appeals would refer everything to the discretion of 
the commissioner and judge, — the latter, probably, 
not much acquainted with the subject, and unfltted 
for the exercise of this power. 

It was deemed essential to the success of a compar- 
atively new system to prevent litigation, if possible. 
A quarrel or a lawsuit in a school district is generally 
not long conflned to the original parties. It spreads 
among all the families; it goes into the selection of 
teachers, and impairs the discipline of the schools; 
and, if the difficulty once takes the shape of a lawsuit, 
and the parties have expended money as well as tem- 
per upon it, it is still more difficult to settle. Hence 
the provision for a cheap and speedy decision, avoid- 
ing the delaj^ and expense of a lawsuit ; and as the 
commissioner would, probably, veiy often not be a 
lawyer, it was provided that he might resort to a 
judge for an opinion upon points of law. 



DECISIONS RELATINa TO PUBLIC INSTRUCTION. 275- 

The practical construction of the law from the be- 
ginning has been that the judge has nothing to do with 
deciding the facts in the case. (See " School Law,'^ 
edition of 1857, remarks page 56 ; and see, also, de- 
cision of Judge Ames, in case of Emor Smith. R. I. 
Reports, vol. iv., 590, 592, 594.) The judge would 
not reverse the decision of a commissioner, unless 
there appeared to be a legal objection to its validity. 

Elisha R. Potter, A. J. S. C. 

1873. 

See No. 54. 
See No. 89. 
See No. 91. 
See No. 93. 
See No. 99. 



DECISIOlSr No. 97. 
D. P. Spencer vs. School District No. 17, of Wariuiclv. 

In towns where the district system prevails neither town nor town treas- 
urer is liable for teacher's wages, at least until an order has been given 
therefor by the school committee. 

This case was submitted to the Supreme Court for 
Kent county on the following agreed statement of 
facts : 

" 1. School District No. 17, of the town of War- 
wick, is indebted to the plaintiff In the sum of $125, — 
due to said plaintiff as a teacher of the public school 
in said district. 

" 2. On or about the day of , A. D. 

1876, suit was begun against the ijlaintiff in the Jus- 
tice Court of the town of Warwick by one Oliver P. 



276 SCHOOL MANUAL. 

Matteson, upon a writ of attachmeut, which directed y 
among other things, that the officer should trustee or 
attach moneys in the hands and ]3ossession of the 
town of Warwick due said plaintiff. 

" 3. The said attachment was intended to reach 
the monej^s earned by said plaintiff as teacher in the 
school district No. 17, he being emploj^ed by the trus- 
tees of said district as teacher, in said town, and that 
a copy of said writ was served upon the town treas- 
urer of said town for that puri30se, there being no 
command in said writ to serve, nor was any copy in 
fact served, upon any officer of said district No. 17. 

" 4. That there were no moneys due from said 
town of Warwick to the plaintiff, nor any moneys of 
his in the hands of said town either directly or indi- 
rectly, except such as w^ere supposed to go to said 
X3laintiff' for his services as teacher of the public 
school in said district. 

" 5. Said Matteson obtained final judgment against 
said plaintiff in the suit commenced in the Justice 
Court as aforesaid. 

" 6. There was no debt or demand of any kind 
laid by the plaintiff against said town other than the 
supposed claim mentioned in section 4 above. 

" 7. It is hereby agreed that jury trial be waived." 

(Per Curiam.) The statute provides that moneys 
appropriated to, and raised by, the several towns for 
schools shall be kept by their respective treasurers, 
subject to the order of their respective school com- 
mittees. Gen. Stat. R. I. cap. 47, § 6. A school com- 
mittee may give its order either in favor of the trus- 
tees or treasurer of a school district, or directlj^ in 
favor of a teacher. Cap. 53, § 17. Teachers, where 



DECISIONS EELATING TO PUBLIC INSTEUCTION. 277 

towns are districted, are employed by the trustees of 
the districts ; cap, 52, § 1 ; and neither town nor town 
treasurer is made liable for their AYages otherwise 
than upon the order of the school committee. We 
think, therefore, that where a town is districted 
neither town nor town treasurer is liable to garnish- 
ment in respect of any teachers' wages, until at least 
an order has been given in favor of such teacher by 
the school committee of the town. This does not ap- 
pear to have been done in the case at bar. The judg- 
ment, agreeably to the agreement, must be for the 
plaintiff for the full amount of his claim. 

1877. 

See No. 100. 



DECISION No. 98. 



George B. Carpenter vs. School Trustees of Joint 

School District 2 and 4-, HopMnton, 

and 8, Westerly. 

Gen. Stat. E. I. cap. 58, § 13, which opens " all the public schools in the 
state to the children of officers and soldiers," etc., " without any cost or 
expense for taxes, or other charges imposed for purposes of public educa- 
tion," does not exempt the estate of such officer or soldier from taxes 
levied for school purposes. 

This is an appeal to the commissioner of public 
schools from a decision of the trustees of the joint 
school district composed of districts two and four of 
Hopkinton, and eight of Westerly. The commis- 
sioner has laid before me a statement of facts assented 
to by both parties, and of the question raised thereby, 
for my decision. 

24 



278 SCHOOL MANUAL. 

From this statement it appears that the district has 
voted that a tax of twenty-eight cents upon each and 
every hundred dollars of the ratable property in the 
district be assessed for school purposes, for the year 
1877; that the appellant resides in the district and 
has children who attend its schools; that he is the 
owner of estate, within the district, valued in the as- 
sessment at two thousand dollars; that in September, 
1861, he belonged to the State of Rhode Island, and 
was mustered into the service of the United States 
in the war of the late rebellion, as a member of the 
4th regiment of Rhode Island volunteers, and re- 
mained in such service till July 30, 1864, when he 
was discharged therefrom, in consequence of the loss 
of his right arm, in the battle known as the explosion 
of the mine in front of Petersburg. Upon these facts 
he claims that his estate is exempt under Gen. Stat. 
R. I. cap. 58, § 13, from the tax in question, and from 
all taxes that the district can imi^ose. The trustees, 
on the other hand, insist that the appellant's estate 
is subject to assessment for the tax in question. 

Gen. Stat. R. I. cap. 58, § 13, is as follows : "All 
the public schools in the State, including the State 
Normal School, shall be open to children of of&cers 
and soldiers belonging to the State, mustered into the 
service of the United States, and of those persons 
belonging to the State, and serving in the nav}^ of 
the United States, and who died in said service during 
the late rebellion against the authority of the United 
States, or w^ho were discharged from said service in 
consequence of wounds or disease contracted in said 
service, or who w^ere killed in battle, without any cost 
or expense or taxes, or other charges imposed for 
purposes of public education." 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 279 

The provisions of this section were originally con- 
tained in Pnb. Laws R. I. cap. 547, § 1, January 18, 
1865, entitled " an act for free education of children 
of disabled and deceased officers, soldiers and other 
persons belonging to Rhode Island in the army and 
navy of the United States." The two sections are 
substantially the same, except that the original sec- 
tion contained in the last clause the word "rates," so 
that it read, " without any cost or expense for taxes, 
rates, or other charges," etc. At the date of the pas- 
sage of the original section, school districts had 
power to fix, or to authorize their trustees to fix, sub- 
ject to the approval of the school committee of the 
town, a rate of tuition to be paid by the persons at- 
tending school, or their parents, employers, or guard- 
ians, to be used in addition to the moneys received 
from state appropriations in defraying the cost of 
fuel, books, and other expenses incident to the sup- 
port of public schools. Rev. Stat. R. I. cap. 64, § 9. 
In towns not organized into districts, the school com- 
mittee were authorized to fix the rate of tuition. Rev. 
Stat. R. I. cap. 64, § 11. 

Payment of these rate bills might be required in 
advance, or collected by the town or district collector 
in the same manner as town taxes. Rev. Stat. R. I. 
<3ap. 64, § 13. No scholar could, as a matter of right, 
attend any other than the public school in the district 
to Avhich he belonged, if the town was divided into 
districts, or if not so divided, mij other than the 
nearest public school. 

I am of the opinion, that the intention of the Gen- 
eral Assembly, in the passage of Public Laws R. I. 
cap. 547, § 1, January 18, 1865, was to relieve the 
children of the classes of persons named, their par- 



280 SCHOOL MANUAL. 

ents and guardians, from the payment of rate bills 
which, as we have seen, under the provisions of law 
then existing, were liable to be, and were in fact, as- 
sessed upon scholars attending public schools, and 
from the payment of all other taxes and charges 
which might thereafter be imposed by law upon 
scholars personally as a coudition of attending pub- 
lic schools, and also at the same time to confer upon 
such children the right to attend, not only the schools 
of their own districts, or the nearest public school in 
towns where there were no districts, but also any 
public school in the State. The language of the sec- 
tion, "All the public schools of the State .... shall 
be open .... without cost," &c., favors this view." 

By Public Laws R. I. cap. 762, § 3, March 27, 1868, 
the power of school districts to impose rate bills for 
tuition upon scholars, or their parents, or guardians, 
was repealed ; and hence, the word " rates " was 
omitted from Gen. Stat. R. I. cap. 58, § 13, which was 
doubtless intended as a reenactment of the law ex- 
isting previously to its taking effect. 

Had the General Assembly intended to exempt the 
property of the classes of persons named from taxa- 
tion for the purxDoses of education, as contended by 
the appellant, they could easily have chosen words 
more apt. Some of the objections to such a con- 
struction, which suggest themselves, may be stated. 
1. There is no limitation as to the amount of prop- 
erty which a person of the classes named may hold 
exempt from taxation. 2, There might be two per- 
sons living in a district, owning estates of equal 
value, the one having children to attend school and 
the other not, whose claims to exemption from taxa- 
tion in every other respect might be equally strong. 



DECISIONS EELATEsG TO PUBLIC INSTRUCTION. 281 

Under the construction in question, the property 
of the one having children would be exempt, while 
the property of the other would be subject to taxa- 
tion. Can it be supposed that the General Assembly 
intended such a discrimination ? 3. If the construc- 
tion contended for were to prevail, it may Avell be 
doubted whether any portion of the money appro- 
priatecj by towns, for the support of public schools, 
derived from taxes assessed in the ordinary way, that 
is, upon all ratable property, including the property 
of the classes of persons named, could be properly 
appropriated for that purpose, and whether it would 
not be necessary for the towns to order a special tax 
for the support of public schools, in the assessment 
of which the property of the persons named should 
not be included. Such a mode of proceeding has 
never been considered necessary. 

My decision is, that the aiDpellant is not entitled to 
the exemption claimed, and that the appeal be dis- 
missed. 

Charles Matteson, A. J. S. C. 

1878. 



DECISION No. 99. 
Stephen C. Arnold vs. School Committee of Scituate. 

Commissioner has no jurisdiction oyer tlie records of a school commit- 
tee, to alter or amend them. 

Mr. Arnold presents another appeal from the same 
action of the school committee which was involved 
in his appeal of 1882, and claims that the record of 
the finding and vote of the committee " shall be ex- 



282 SCHOOL MANUAL. 

punged from the records of said committee; " because, 
first, it was " decided, Feb. 16, 1882, that said commit- 
tee had no jurisdiction over the complaint made to 
them which occasioned said record; second, that said 
com mittee exceeded its lawful powers in passing the 
final vote above named."* 

I do not see how in this case, any more than in the 
former appeal, the commissioner has any jurisdic- 
tion. The records of the school committee are sub- 
ject to their control, and to theirs alone. 

The decision of the legality or illegality of any vote 
does not affect the record of the vote. That remains 
as it was, and is subject only to the action of the 
same body which originally made it. 

The appeal is therefore dismissed for lack of juris- 
diction. 

Thomas B. Stockwell, C. P. S. 

1883. 

See No. 54. 

See No. 89. 
See No. 91. 
See No. 93. 
See No. 94. 
See No. 96. 



DECISION No. 100. 
Fred E. Hovey vs. The Town of East Providence. 

In Rhode Island a mechanic's lien cannot be enforced against a building 
and lot held by a town for the uses of a public school. 

This is a petition for the enforcement of a me- 
chanic's lien against a lot of land belonging to the 
defendant town, and all the buildings and improve- 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 283 

ments thereoD, for materials furnislied for, and used 
in the erection of, a schoolhouse thereon, the mate- 
rials having been furnished to the contractor. The 
question is raised whether such a lien is enforceable 
against a house and lot held b}^ a town for the uses 
of a public school. In 2 Jones on Liens, 577, the law 
is stated to be as follows, to wit : 

'' On grounds of public policy the mechanic's lien 
laws do not, in the absence of express provisions, 
apply to public buildings erected hy states, coun- 
ties, and towns for public uses. Schoolhouses 
erected for the use of public schools come within 
this exemiDtion ; such buildings are exempt from at- 
tachment and from sale upon execution, and for the 
same reason are exempt from liens which might re- 
sult in an adverse sale." 

It is eas}^ to see what detriment might follow if 
lands and buildings held for public uses, — as for in- 
stance for parks, courthouses, jails, town halls, or 
common schools, — could be sold to satisfy the debts 
or defaults of municipal corporations having the 
legal title. The public uses would be thereby annihi- 
lated. Courts have presumed that this could not 
have been intended and according!}^ have decided, 
as a matter of public policy, that lands or buildings 
so held are not subject to mechanics' liens. We see 
no satisfactory reason why we should not follow these 
precedents. Our statutes recognize that there is 
IDroperty w^hich is exempt from seizure on execution 
by public iDolicy, Pub. Stat.. R. I. cap. 209, § 4, clause 
14. Our statutes do not permit executions to run 
against the property of towns, but provide other 
modes in which judgments against towns, or against 



284 



SCHOOL MANUAL. 



the town treasurers representing them, may be sat- 
isfied. 

We decide that the petition must be dismissed. 



Thomas Durfee, C. J. S. C. 



1890. 

See No. 97. 



DECISIO:Nr No. 101. 



Josephine E. Douglass vs. George F. Barher. 



The interruption or disturbance 
of a school in violation of Pub. 
Stat. E. I. cap. 241, § 7, is a 
breach of the public peace, for 
which an offender may be ar- 
rested by an officer without a 
warrant when committed in 
his presence. 

The interruption or disturbance 
of a school within the meaning 
of the statute includes not only 
acts which disturb the school 
while in session but also those 
which prevent the school from 
assemblins:. 



Where an officer arrests a person 
without a warrant for an of- 
fence committed in his pres- 
ence, the law requires him to 
make a complaint for the of- 
fence, but does not require him, 
in order to justify such arrest, 
to prociu-e a complaint and 
warrant for the offence so 
committed. 

If he makes the complaint, the 
fact that the magistrate does 
not issue a complaint and war- 
rant thereon cannot make the 
officer a trespasser. 



This is an action of trespass for an alleged illegal 
arrest, which the defendant justifies in a sx)ecial plea 
setting forth that the plaintiff, at the time of the sup- 
posed trespass, had entered aschoolhouse in the town 
of Exxeter, locked the door from the inside, and was de- 
taining possession of said schoolhouse, thereby pre- 
venting the teacher and scholars of said school from 
entering therein; and the defendant, being an officer 
of the law, to wit, a constable, thereu]3on arrested 
the plaintiff and took her before the justice of the 



DECISIONS KELATING TO PUBLIC INSTRUCTION. 285 

District Court, where a warrant was issued, upon 
which she was arraigned and committed. The case 
is before us on exceptions to the refusal of the judge 
to charge the jury as requested at the trial. 

The first request was to chai'ge the jury that if the 
plaintiff took i)ossession of the schoolhouse and was 
ejected before the school was called to order and be- 
fore school time, she was not guiltj^ of a misdemeanor. 
The third request may also be considered with the 
first. 

It was this : " If the com^Dlainant took peaceable 
possession of the schoolhouse and locked the doors, so 
as to keep the teacher and scholars out, and stayed 
inside, making no threats and using no violence to 
retain possession, then the defendant had no right to 
arrest her and carry her to Wickford, but did have a 
right to remove her from the schoolhouse property, 
and that only." 

Pub. Stat. R. I. cap. 241, § 7, provides a punishment 
by fine or imprisonment for persons who willfullj^ in- 
terrupt or disturb any public or private school. From 
the nature of the offence, which violates public order 
and interferes with public and personal rights, as 
well as the specification of the offence in the statutes 
under the head of " Offences against the public peace 
and property," it is clear that the interruption or dis- 
turbance of a public school is a breach of the public 
peace, for whicli an offender may be arrested by an 
officer without a warrant when the act is done in his 
view. 

The requests to charge are based upon the claim that 
the acts of the plaintiff in this case amounted only 
to a tresiDass or forcible entry and detainer. But 
we think that they were more, and that they amounted 



286 SCHOOL MANUAL. 

to a violation of the statute. To interrupt and disturb 
a school necessarily includes not only acts which dis- 
turb the school while in session, but also those which 
prevent the school from assembling. A school is as 
much interrupted or disturbed by iDreventing the as- 
sembly, as by breaking it up after it has assembled. 
The statute is aimed at the protection and peaceable 
conduct of schools. The fact of calling to order, 
therefore, is without significance. It would be a very 
narrow construction of the statute, which could 
neither be justified by its purpose or language, to say 
that ;a disorderly act after a school had been called to 
order would be an interruption or disturbance of the 
vschool and an offence; but one which prevented both 
the holding and calling to order of the school would 
not be an interruption or disturbance and so no of- 
fence at all. Accordingly we find that similar stat- 
utes relating to religious meetings have been held to 
extend protection " to the assemblage when it is in 
the act of gathering together at the place appointed 
for worship; while the exercises are in progress; and 
until there is a dispersion of the xjersons who have 
come together, and they cease to be an assemblage or 
congregation." 

In State v. Gager, 28 Conn. 232, cited by the plain- 
tiff, the statute provided only for the disturbance of 
a school "while the same is in session," and the court 
followed the language of the statute. Of course it 
is not to be understood that disorderly conduct in a 
schoolhouse, so long a time before or after school 
hours as not to interfere with the assembly or session 
of the school, would be a violation of the statute. 
But that is not this case. It apjjears from the record 
that near school time the teacher and a number of 



DECISIONS EELATING TO PUBLIC INSTKUCTIOX. 287 

scholars arrived; the teacher tried to enter the school- 
house, but the plaintiff prevented her, and then she 
was obliged to send for help. The defendant came, 
who, after a demand of entrance by him and refusal 
by the plaintiff, was obliged to break open the door. 
]^ot only might all this take enough time to go be- 
yond the usual hour, but it was sufficient to show an 
interruption and disturbance in the assembling of the 
school. The requests to charge, therefore, were too 
broad and were rightly refused. 

The second request was to charge that an officer 
arresting a person without a warrant for a crime 
committed in his presence must, in order to justify 
such arrest, procure a complaint and warrant for the 
identical offence so committed. It appears that the 
plaintiff had been guilty of disturbing the school 
while in session, on the day before her arrest; that 
the defendant took her before the judge of the Dis- 
trict Court and made complaint for the same offence 
which he had seen that morning, and for which he 
had arrested her. The district judge, not sure that 
locking the teachers and scholars out of the school- 
house was a breach of the peace, thought it best to 
make out a complaint and warrant for the disturb- 
ance on the iDrevious da}", and did so. XJndoubtedlj" 
the law requires an officer who makes an arrest with- 
out a warrant to make a complaint for the offence, 
and this the officer did. He has no control over the 
magistrate, and having made the complaint, he can 
do no ]nore. If he was justified in the arrest, the 
action of the magistrate cannot make him a tres- 
passer, and we know of no decision which goes ta 
that extent. AYe think, therefore, that the failure of 
the officer to procure a complaint and warrant for the 



288 SCHOOL MANUAL. 

offence committed in his presence was not decisive 
of his justification in tlie arrest, and that the request 
so to charge was rightly refused. 

John H. Stiness, A. J. S. C. 
1894. 



DECISION No. 102. 



In the Matter of the Vote of the toion of Johnston to 
Abolish School Districts. 

Registry, as well as taxpaying, voters are entitled to vote upon the question 
of abolishing the school districts of a town. 

At a town meeting of the town of Johnston, held 
on the first Monday of June, 1895, it was voted to 
abolish school districts in said town. By the agreed 
statement of facts, it appears that the meeting was 
regularly and legallj^ called and that notice of the 
subject was inserted in the warrant for said meeting, 
pursuant to the provisions of Public Laws, chapter 
147. It also appears that both registry and taxj)aying 
voters were allowed to vote upon the subject, and 
that a majority of the taxpaying voters did not vote 
in favor of the proposition. A taxpaying voter of 
the town objects to the legality of the action taken 
and raises the following questions: 

"Does a registry voter, nnder the provisions of 
chapter 447 of the Public Laws, have a right to vote 
on the question of abolishing school districts ? 

" If said chapter 447 confers such right, is said 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 289 

chapter constitutional, so far as it provides for the 
vesting of school proj)erty in the town, for the as- 
sessment and remission of taxes for the payment of 
the same, and for the adjustment of differences in 
the value of school proi3erty, upon a vote to abolish ?" 

Under the provisions of the Constitution, registered 
voters have the right to vote on all questions in all 
legally organized town meetings, exceiDting the elec- 
tion of the city council of any city or upon any prop- 
osition to impose a tax or for the expenditure of 
money. 

The proposition to abolish school districts is not a 
proposition to impose a tax or to expend money. It 
is a question of the management of schools, by a 
school committee or by trustees, in which registrj^ 
voters are liable to be as much interested and affected 
as taxpayers. But it is said that this is practically a 
vote to impose a tax, because, under the law, a tax 
equal to the amount of the appraisal of the school 
property is to follow. While this is true, it is, never- 
theless, quite different from an ordinarj^ tax. None 
of the amount so assessed goes to the town, but is all 
remitted to the taxpayers of the several districts in 
proportion to the value of the district property taken 
by the town, for the purpose of equalizing the con- 
tributions thus made. It is a scheme for equaliz- 
ation rather than a tax. 

It does not follow that a registry voter is disquali- 
fied because the ultimate result of action taken may 
affect taxation. 

For example, dividing a school district would affect 
the expense of maintenance and the area of taxation. 
In 1854 a question arose whether registry voters could 
vote upon this question. 

25 



290 SCHOOL MANUAL. 

The Commissioner, Hon. Elisha R. Potter, after- 
wards one of the justices of this court, held that they 
could, and the decision was approved by Chief Jus- 
tice Greene. 

While the decision rests upon the fact that the vote 
was merely a recommendation, the concluding sen- 
tence assumes the right to vote upon all questions 
exceiDt those of taxing and expending money. We 
think that this is correct. The right to vote should 
not be curtailed except by the clear provisions of the 
Constitution; and where the limitation is not clear 
the Constitution should be liberally construed, es- 
IDCcially in matters relating to public schools. When, 
in the opinion of the voters of a town, the schools 
can be better managed by the school committee than 
by districts, the law vests all the school property in 
the town and provides for the equalization of values 
by the tax referred to. 

Education being a public duty, the legislature has 
the power to do this, and it is done by force of the 
law rather than by the action of the town. The vote 
of the town is the thing which sets in motion the 
operation of the law. Our conclusion is that Public 
Laws, chapter 447, was intended to give the right 
to vote to all voters in town meeting assembled ; 
that the question submitted is not included in the 
proviso of Article VII, section 1, of amendments to 
the Constitution, and hence that the act and the 
action under it are not in conflict with the provisions 
of the Constitution in this respect. 

The remaining question, whether the act is in other 
respects constitutional, is, &o far as any objections 
have been called to our attention, sufficiently 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 291 

answered in Town Council of Cranston, Petitioner, 
Index K K 44. 

John H. Stiness, A. J. S. C. 

1895. 

See No. 3. 
See No. 8. 



292 SCHOOL MANUAL. 



REMARKS. 



BOARD OF EDUCATION. 

The State Board of Education is composed of the 
Governor and Lieutenant Governor, ex-ojjiciis, and 
six members elected by the General Assembly. 

In addition to the general supervision and control 
of the schools of the State, which the statutes confer 
on the Board of Education, the following specific 
duties are devolved upon them: — The election of the 
^commissioner of public schools ; the care and over- 
sight of the free public libraries and distribution of 
the annual State appropriation for the same ; the ap- 
portionment of the annual State appropriation for 
evening schools, and the sux3ervision of their work ; 
the supervision of the education of deaf, blind, and 
imbecile children ; the provision of blanks for re- 
turns from all public educational institutions and all 
private schools ; participation through two of their 
number in the management of the R. I. School of 
Design ; the decision of all cases of remission of fines, 
penalties, and forfeitures arising under the school 
laws ; and the presentation of an annual report to 
the General Assembly. The Board of Education, 
together with the commissioner of public schools, 
constitute the Trustees of the State Normal school, 
and are vested with the entire control and manage- 



EEMAEKS RELATING TO PUBLIC INSTRUCTION. 293 

ment of the same, subject, in the matter of expendi- 
tures, to the amount appropriated for the school by 
the General Assembl}^ The regular meetings of the 
Board occur monthly on the first Saturday of the 
month. 

THE COMMISSIONER OF PUBLIC SCHOOLS. 

The commissioner is secretary of the Board of 
Education, and its executive officer in the adminis- 
tration of the duties devolved upon them by the 
laws. His other duties are to advise with school 
officers, teachers, and others, in all matters relating 
to education ; to visit and inspect the schools of the 
State as often as practicable ; to deliver addresses in 
the several towns on subjects relating to the progress 
of the schools ; to arrange and conduct teachers' in- 
stitutes in various parts of the State, as the several 
localities may demand ; to recommend and secure, as 
far as is desirable, a local uniformity of text-books ; 
to assist in the establishment of, and the selection of 
books for, school libraries ; to apportion the State ap- 
propriations for day schools and school apparatus ; 
to prepare and publish annually a programme for 
the use of the schools on Arbor Day ; to establish all 
forms of registers and returns and furnish the same 
to the school authorities ; to collect and collate the 
statistics relating to public schools, and to present an 
annual report to the Board of Education upon the 
state of the schools, with plans and suggestions for 
their improvement. 

The commissioner is also a judicial adviser on all 
questions arising under the administration of the 
school laws, and is required to hear and decide all 

25* 



294 SCHOOL MANUAL. 

cases presented by appeal or otherwise, free of ex- 
pense to the parties. In the words of the late Chief 
Justice Ames, the commissioner is " in legal idea, the 
visitor of the public schools of the State — a domestic 
judge— whose short and noiseless method of settling 
disputes arising between the different officers and 
members of this academic body is intended to pre- 
serve that i3eace and harmony which are so essential 
to its well-being.-' 

TOWNS. 

Each town is required to maintain a system of 
schools, and to appropriate for their maintenance a 
sum at least equal to that received from the State, 
under the provision of chapter 53. Any town which 
shall fail or refuse to raise for schools the above sum 
forfeits its proportion of the State appropriation for 
the benefit of the school fund of the State, but is not 
relieved from its obligation to maintain schools. The 
character and extent of the education furnished in 
any town is determined practicallj^ by the i^eople in 
the making of the appropriation, either in town or 
district meetings. The State has established no 
standard. 

The schools are carried on under either the town, 
or the district, system. Where the former prevails, 
the schools are wholly in charge of the school com- 
mittee of the town. Under the district system the 
trustee has the superintendence of the school prop- 
erty of the district, and contracts with the teachers, 
while the school committee exercise all other author- 
ity over the schools. In all cases the schools are sub- 
ject to the sui^ervision of the commissioner of public 
schools. 



REMARKS RELATING TO PUBLIC INSTRUCTION. 295 

The simplicity, unity, and economy of the town 
system are in favor of its nniversal adoption ; and 
any town may, by a vote at the annual town meet- 
ing, so far relinquish the district system as to place 
the entire management of the schools in the hands of 
the school committee of the town, notice of the pro- 
posed change having been inserted in the warrant 
for the town meeting ; but the school property will 
still remain in the control of the districts. Any town 
may also at any town meeting, the subject having 
been duly inserted in the warrant for said meeting, 
abolish all the school districts therein, whereupon all 
care and control of the schools and school property 
devolve uxjon the school committee. 

Towns are authorized to establish and maintain free 
public libraries and are permitted to assess a tax, not 
exceeding twenty-five cents on each hundred dollars 
of ratable property, for the founding of such libraries, 
and an annual tax, not exceeding twenty cents on each 
one thousand dollars of ratable property, for the sup- 
port and increase thereof. 

TOWN CLERKS. 

It is the duty of the several town clerks, or of some 
person appointed by the town council, to take the 
school census annually and make return thereof, as 
required by law, to the school committee ; the}^ are 
also to distribute to the persons designated all such 
school blanks and other documents as vasij be sent to 
them. In those cases where the town is divided into 
school districts the town clerk is required to keep a 
record of the district boundaries and of all changes 
therein; and he should provide a special book for 
that purpose. 



.296 SCHOOL MANUAL. 



TOWN TREASURERS. 



The town treasurer, as soon as the town has voted 
the annual appropriation for public schools, or before 
the first of July in each year, should make his return 
to the commissioner as required by law. This return 
must contain a statement of the amount expended by 
the town for all school purposes, and the sources from 
which it was derived; and also a statement of the 
amount appropriated for public schools for the next 
year. Failure to make such return will prevent the 
payment of the town's share of the public money. 

He is to keep a separate account of all school 
moneys, and is, before the first day of July in each 
.year, to furnish the school committee with a par- 
ticular account of all moneys applicable to the 
support of public schools for the current school 
year, specifying the sources of the same. He can 
only pay out the school moneys, whether derived from 
the State, town, dog or poll lax, upon orders signed 
by the chairman or clerk of the school committee, 
•and if he should pay it out or appropriate it other- 
wise, he would be liable to the penalty of the law. 

Special attention is now called to the fact that the 
law requires that the amount of money received from 
poll taxes shall be kept out of the school fund till 
the first Monday in May of each year, when the whole 
.amount received during the year is to be credited to 
the school account. It is desirable that this provision 
of the law, as also a similar one in reference to the 
dog taxes, should be strictly obeyed, as it will aid 
very much in securing correct reports each year. 

It is very desirable that the town treasurer's return 
to the commissioner should be made, as the law re- 



REMARKS RELATING TO PUBLIC INSTRUCTION. 297 

quires, on or before July 1st, because failure to do so 
is ver}^ vexatious, and will delay, if not stop, the paj^- 
ment of the town's share of the State money. It is 
also verj^ necessary that the return of the treasurer 
shall cover the same period of time as that covered by 
the return of the school committee. The object of 
the law requiring returns from each source is that 
they may be used to verify each other and thus secure 
freedom from mistakes. But this cannot be done if 
they are made out for different periods of time. 

SCHOOL COMMITTEES. 

Great care should be taken by the several towns in 
the selection and election of the best men and wovien 
to this office. Ko political issues should hinder the 
election of competent persons to this most responsible 
office of the town. The interests of the children are 
too valuable to be entrusted to those who know 
nothing about them, and care not for their future 
welfare. 

The law allow^s competent women, as well as men, 
to be elected to this office, and exj)erience shows that 
some women have most faithfull}^, conscientioush', 
and successfully fulfilled its duties. Their time, in- 
terest, sympathies, and benevolent purposes eminent!}' 
qualify them for the duties, and a jDortion of each 
school board may well be constituted of active and 
efficient women. The one condition imposed by law 
upon membership is residence in the town. The one 
disqualification is a xjecuniary interest in any school 
text-book used in the town. 

It is believed that in all cases it will be better to 
have the town's committee small rather than large. 



.298 SCHOOL MANUAL. 

Their duties are to examine teachers, visit the schools, 
-and have supervision over them. There is danger 
that a large committee will not meet often, and that 
they will attempt to perform too many of their duties 
by small sub-committees of one or more. The dele- 
igation of the power to manage some particular dis- 
1:rict to each member has always been a great cause 
of the inefficiency of our sj'stem. The whole com- 
mittee should have some knowledge of all of the 
schools, and the jjersons ax3pointed to visit x)articular 
schools should always make specific reports to the 
whole board at their monthly or quarterly sessions. 
In this way alone can the committee act wisely and 
intelligentlj' for all the schools under their care. 
Special attention to the duties of examination of 
:schools alone can fit the committee to make such an- 
nual communication to the people of the town on the 
subject of their schools as shall be of the greatest 
•service to them. This annual rejjort should by all 
means he printed and circulated among all the citizens 
^of the town., as the law provides. The mothers and 
sisters of the scholars should see it as well as the 
fathers and brothers, and the only way in which they 
can all enjoy this privilege is to have it printed, and 
at least one copy furnished to each family in the 
town. It is then easy to make all citizens acquainted 
with the workings of our school system, and to in- 
duce them, both to make amjDle provisions for its 
:support, and to guard carefully the expenditures 
made for the common benefit. 

ORGANIZATION. 

At the first regular meeting of the committee, after 
the annual election of members of the school commit- 



REMAEKS RELATING TO PUBLIC INSTRUCTION, 299- 

tee, the certificates of election of the new members 
should be presented, together with the certificates of 
their engagement, and these should be either spread 
upon the records in full, or the record should state 
the facts clearl}^, and the original j)apers should be 
filed with the documents of the committee. 

The committee should organize hj choosing a chair- 
man and a clerk, who are removable by the commit- 
tee, during the year for which thej^ are elected, only 
for cause and after a hearing. At this meeting also 
the committee should elect the superintendent of 
schools. 

Where the town system prevails it is usuallj^ best 
for the committee to be divided into sub-commit- 
tees having special charge of certain specific depart- 
ments of the Avork, such as teachers, supplies, build- 
ings and other school propertj^, truancy, etc. 

The extent of the authority of these sub-commit- 
tees will always be determined hj the rules and reg- 
ulations of the full committee. 

The number of the school committee in each town 
is now fixed by statute law at the number constituting 
the committee on the first day of Februarj^, 1896, and 
cannot be changed exceiDt by s^DCcial act of the General 
Assembly. If the town fails to elect the requisite 
number at the annual town meeting, the town coun- 
cil must elect them at its next meeting. Any tow^n 
may vote to delegate to the council the entire power 
of appointing the committee. 

Vacancies. — If any member of the committee re- 
signs, removes, or dies, the vacancy must be supplied 
by the town council until the next annual town meet- 
ing, which then fills the vacancy for the unexpired 



300 SCHOOL MANUAL. 

term, or refers it to the council, which proceeds to do 
tlie same. 

Meetings. — The school committee must hold at least 
four meetings in each year. The times for these 
regular meetings should be fixed by a by-law of the 
committee, in order that people having business to do 
before the committee may know when to attend. 
But as a general rule the schools cannot prosper un- 
less meetings are held as often as once a month. In 
towns divided into school districts it would be well 
for committees to obtain a knowledge of the situation 
of the different districts, — the amount of taxable 
property in each, and the number of children, etc. ; 
and this sort of information should be i^reserved, as 
it is absolutely necessary to enable them and their 
successors to discharge well their duties. 

All acts of the school committee to be valid must 
be done at a meeting of the committee. Giving their 
assent to any measure separately, and without meet- 
ing, would be held illegal. 

The manner of calling special meetings of the com- 
mittee should be regulated by by-law for the sake of 
order and regularity. If there be no by-law, the 
chairman or clerk should call them, and should give 
every member notice. 

The clerk should 'make a full record of all trans- 
actions of the committee, including the motions neg- 
atived, as well as those adopted, as parties may be 
interested in, and have a right to appeal in manj^ 
cases from, a negative vote as well as an affirmative 
one. In cases of notices of proi^osed changes in text- 
books it would be well in all cases to copy them upon 
the records. 



REMARKS RELATING TO PUBLIC INSTRUCTION. 301 

All changes in the boundaries of the districts must 
be immediately reported to the toAvn clerk by the 
clerk of the committee. 

When it can be conveniently done, the minutes of 
the proceedings, as drawn out by the clerk, should be 
read in open meeting, or at the next meeting, for cor- 
rection if necessary. Misunderstandings may thus 
be prevented. 

The clerk should always record the names of the 
members of the committee present at each meeting. 
He should also keep copies of all abstracts, and all 
reports made to the commissioner, so that the com- 
mittee may have them for future reference and com- 
parison. 

If no special place is provided for the use of the 
committee for the safe keeping of their documents, 
the more important ones, such as completed record 
books, should be lodged with the town clerk. 

Before the first day of Julj" in each year, the school 
committee are entitled to receive from the town treas- 
urer a report of all school moneys in his hands, or to 
be received, which will be applicable for the support 
of public schools for the current school year, specify- 
ing particularly^ the sources whence derived. 

Laying off Districts. — In towns divided into school 
districts the whole power of making new districts, 
altering old ones, and of settling disputed boundarfes 
is vested by law in the school committee, subject to 
an appeal to the commissioner. Notice must be given 
in all cases by posting on the schoolhouses, and send- 
ing to the trustees, of the districts liable to be 
affected, notice of the meeting and of the proposed 
changes, for at least five daj^s previous thereto. 

26 



302 SCHOOL MANUAL. 

In laying off districts, regard should be liad to the 
convenience of attending school, the number of schol- 
ars, the valuation of property, and ability to provide 
schoolhouses, etc. It will be always expedient te 
bound them by rivers, roads, or other natural or well- 
known boundaries, when practicable. When the line& 
can, without inconvenience, be so drawn as to include 
all of a ]3erson's farm in the same district where his 
dwelling-house is, it will save a great deal of trouble 
and expense in assessing taxes, but in all cases the 
lines must be continuous. 

Districts must be set off by bounds including cer- 
tain land. It is not sufficient to declare that a dis- 
trict shall be composed of such and such persons. 
The Supreme Court of Massachusetts has declared 
such districts to be invalid. [7 Pick. 106, and 12^ 
Pick. 206.] 

When a district w^hich has built a schoolhouse is. 
divided, or its bounds altered so as to take off any 
portion of it, the joint property is to be equitably 
apportioned among the several parts. If the district 
owes any debts, they should of course be considered 
in the apportionment. In some cases this can be 
done by a division of the property itself. In other 
cases the rent or income maj^be ajiportioned, accord- 
ing to the peculiar circumstances. The school com- 
mittee must decide such cases, subject, of course, to 
the appeal provided by the law. 

Where it is much more convenient for a person be- 
longing to one district or town to send to a school in 
another district or town the policy of both school 
committees and trustees should be to extend the ad- 
vantages of the schools as f reelj^ as the circumstances 
^ill permit. The State is now so large a contributor 



KEMAEKS RELATING TO PUBLIC INSTRUCTION. 303 

to the support of the great majority of the schools 
that the advantages thereof ought to be made as 
available as possible. The school committee have 
now the power to send a child into an adjoining town 
^nd i3ay for the tuition from the school money. The 
authority to admit or send from one district to an- 
other in the same town is now in the school commit- 
tee, and not in the trustee. If the pupils come from 
outside of the town, the trustees have the authority 
to admit them, subject to the approval of the school 
-committee. 

As a rule district lines should not be changed, 
except for good and sufficient reasons. Frequent 
changes of boundary lines tend to confusion and 
error in the assessment of taxes and other business. 
In every town where the district system prevails it 
would be well to have a description of the districts 
jprinted for general information and circulation, one 
€opy of which should be affixed to the record book of 
each district. 

The provision of the law that the town clerk shall 
keep a record of the district boundaries is of great im- 
portance, and school committees should be very par- 
ticular to report to the town clerk immediately all 
their actions relating thereto. 

The power of forming jom^ districts on the borders 
of the different towns is also confided to the school 
committees. Many of the manufacturing villages are 
on streams which are the boundaries of towns, and 
are partly in both towns. In such situations the 
school committees should encourage the union of the 
adjoining districts, as both together will probably be 
able to establish a graded school, or at least to main- 



304 SCHOOL MANUAL. 

tain a better and a longer school than either one 
alone. 

In similar cases where the schools are managed 
under the town system the committees are recom- 
mended to unite in maintaining one graded school, 
instead of two ungraded schools, as it will secure a 
better quality of instruction at less cost. 

In assigning to a district or portion thereof, which 
forms part of a joint district, its proportion of the 
public mone}^, the committee of the town in which 
the school is located will assign to it on the same 
basis as to all of the other schools in the town, while 
the committee of the other town will assign to it its 
proportional share according to the number of pupils 
only. 

Location^ Plans, etc. — The school committee are to 
locate all schoolhouses. In towns divided into school 
districts the school committee must approve of all 
plans and specifications for building or repairing 
schoolhouses, and all district taxes for whatever pur- 
pose. When the district is unanimous, and the loca- 
tion on the whole unobjectionable, the committee 
should defer to their wishes ; but in cases of dispute 
they should endeavor to select such a site as will best 
accommodate the greater portion of the district, and 
at the same time fulfill the conditions of a good site. 
In this connection it should be said that the size of 
the schoolhouse lot is of great importance, and the 
committee may not unlikely find it necessary some- 
times to condemn a location on account of its unsuit- 
able size. If a district is unable to secure by pur- 
chase a lot acceptable to the committee, the committee 
are authorized to proceed and select a lot and appoint 



BEMARKS RELATING TO PUBLIC INSTRUCTION. 305 

three disinterested persons to appraise its value, and 
upon tender of said sum to the owner of the land the 
title is vested in the district. If the owner is aggrieved 
he may appeal within six months from said tender to 
the common pleas division of the supreme court for 
the county in which the district is located for such 
relief as the court may decide, according to the pro- 
visions made for relief from over-assessment of taxes. 

The provision that all taxes which any district may 
order must be approved by the school committee was 
intended to operate as a salutary check against the 
improper exercise of the power given to school dis- 
tricts. In some districts there may be but few legal 
voters ; in others, the majority of voters may be per- 
sons not interested in the property in the district ; 
and various other cases may happen w^here a minority 
should be protected against abuse of taxation. And 
for this purpose the law^ requires the approbation of 
the school committee, the majority of w^hom will prob- 
ably belong to other parts of the town, and have no 
private or personal interest in the local controversies 
and disputes of the district. 

For the same and other reasons the law requires 
the plan of building to be approved by the commit- 
tee. The committee should therefore investigate this 
subject, and visit and examine the best schoolhouses, 
and consult the best authorities on heating, ventila- 
tion, lighting, etc., so as to be prepared to act when 
called on. Moreover, the committee should not 
always wait till called upon, before acting in refer- 
ence to the condition of the school buildings. The 
responsibility for seeing that the buildings used for 
school purposes are suitable rests with the commit- 
tee, and they should not hesitate to act accordingly. 

26* 



306 SCHOOL MANUAL. 

Oranting Certificates. — In towns acting under the 
district system no i)erson can be employed by any 
trustee as a teacher who does not hold a certificate of 
qualification from the school committee. 

The granting of such certificates of qualification 
and the annulling of the same for cause are among 
the most important duties devolving on the school 
committee, and on their faithful performance the 
efficiency of the law largelj^ depends. 

In towns without districts, where the authority to 
liire teachers is vested in the school committee, no 
formal certificate of qualification is required, as it is 
not perceived how such a step affords any safeguard 
to the teacher's office. So long as there is no fixed 
standard of attainment, but each school committee 
is at liberty to make its own, the issuing of a certifi- 
cate to those teachers whom they proposed to engage 
would be an act of pure formality. 

But the fact that the committee is not obliged to 
grant formal certificates in such cases does not at all 
relieve them from the obligation of carefully deter- 
mining the qualification of all teachers before engag- 
ing them. 

The inefficiency of the school system in most of 
the towns may be traced to the fact that the duties 
of examining teachers and visiting the schools are 
too generally neglected or ill-performed. 

The law gives the committee the power to appoint a 
sub-committee for the purpose of examining teachers, 
or they ma}^ impose the dut}^ upon the superintendent. 
But it is respectfully suggested that where the whole 
committee can meet for this purjjose it is most advis- 
able. It will liave a better effect upon the teachers 
themselves, and incompetent persons will be less likely 



KEMABKS RELATING TO PUBLIC INSTRUCTION. 307 

to present themselves. It is certain that the author- 
ity to grant certificates, or determine qualifications, 
should never be vested by a committee in tAvo bodies 
or persons at the same time. Such a division of re- 
sponsibility is always attended with disastrous re- 
sults. Where the duty of examining and certificat- 
ing teachers is imposed upon the superintendent or 
€i sub-committee, the action of such sub-committee or 
superintendent should be final. To allow an appeal 
to the committee is to weaken the force and value of 
the authority, opinions, and decisions of the ex- 
aminer. 

In making such examinations, whether by the whole 
board or by the sub-committee, they should inquire : 

First, as to moral character. On this point the 
eoramittee should be entirely satisfied before pro- 
ceeding further. Some oijinion can be formed from 
the general deportment and language of the appli- 
cant ; but the safest course will be, with regard to 
those who are strangers to the committee, to insist on 
the written testimony of persons whose character 
and responsibility are known to the committee. In 
case of doubt the committee would be justified in 
declining to proceed with the examination. 

While a committee should not endeavor to inquire 
into the peculiar religious or sectarian opinions of a 
teacher, and should not entertain any preferences or 
prejudices founded on any such grounds, they ought, 
without hesitation to reject every person who is in 
the habit of ridiculing, deriding, or scoffing at re- 
ligion. 

Second, as to literary attainments. The lowest 



308 SCHOOL MANUAL. 

grade of attainments demands a thorough knowl- 
edge of the common branches of English education. 
Every teacher should prove, either by examination, 
or by j)revious experience which must have come to 
the personal knowledge of the committee, his ability 
to teach the English language, including reading and 
spelling, arithmetic, penmanship, geograph}^ historj^, 
and physiology with special reference to the effects 
of stimulants and narcotics. An examination as to 
the attainments of a teacher in these branches 
should be so conducted as to test his capacity to teach 
them in any grade of schools. And in granting cer- 
tificates some reference should be had to the condi- 
tion and wants of the i)articular schools for which 
the candidates are presented. But no person should 
be considered qualified to teach any school, who can- 
not speak and write the English language, if not 
elegantly, at least correctly. He should be a good 
reader, and be able to make the hearer understand 
and feel all that the author intended. He should be 
able to give the aimlysis, as well as explain the mean- 
ing of the words, of the sentence, and explain all 
dates, names, and allusions. He should be a good 
speller ; and to test this, as well as his knowledge of 
punctuation, the use of capitals, etc., he should be 
required to write out his answers to. some of the 
questions of the committee. He should understand 
practically the first principles of English grammar, 
as illustrated in his own writing and conversation. 
He should be able to write a good hand, and to teach 
others how to do so. He should show his knowledge 
of geography by apjDlying his definitions of the ele- 
mentary xjrinciples to the geography of his own town, 
State, and country, and by questions on the map and 



EEMARKS RELATING TO PUBLIC INSTRUCTION. 309 

globe. He should be able to auswer ijromptly all 
questions relating to the leading events of the history 
of the United States, and of his own State. In 
arithmetic, he should be well versed in some treatise 
on mental arithmetic, and have a clear and definite 
knowledge of the principles of written arithmetic, 
and be able to work out before the committee, on the 
blackboard or slate, such questions as will test his 
ability to teach accurately and successfully the topics 
prescribed for the class of schools in which he will 
be engaged. He should possess at least an element- 
ary knowledge of physiology and the laws of health. 
Such knowledge is necessary to comply with the laws 
of the State, and is furthermore indispensable to the 
proper regulation of the air, temperature, and light 
of the schoolroom, and also to that care of the chil- 
dren which should be given to them daily if they are 
to do their best work at the school, or are to grow up 
to lives of vigorous manhood and womanhood. 

A knowledge also of English literature, sufficient 
to enable the teacher to give to the selections of the 
reading-book more attractions and also to guide the 
pupils in their reading outside of school hours is 
very desirable and should be insisted uiDon so far as 
possible. And in addition to the above, some famil- 
iarity with the elements of natural historj^, freehand 
drawing, and music, will be found of great advantage 
both to teacher and school. Of course, for the upper 
grammar and high schools, the standard of qualifica- 
tions of the teachers will be set by the course of 
studies adopted hy the committee. 

Third, as to ability to instruct. This ability in- 
cludes aptness to teach, a power of simplifying diffi- 



310 SCHOOL MANUAL. 

cult processes, a skill in imparting knowledge, and 
of inducing pupils to try, and to try in such a way 
that they wdll derive encouragement as they go along; 
all of wiiich must be given by nature, but may be 
cultivated by observation and practice. An exami- 
nation into the literary qualifications of a candidate 
as ordinarily conducted, and even w^hen conducted by 
an experienced committee, or even by a teacher, will 
not always determine whether this ability is possessed 
at all, or possessed in a very eminent degree. Hence 
it is desirable for the committee to ascertain what 
success the candidate has had in other places, if he 
has taught before ; and if this evidence cannot be 
had, whether he has received any instruction in the 
^rt of teaching, in either a normal or training school, 
and has visited good schools. The determination, if 
it is possible, of the candidate's ability to teach w^ell 
is of the first importance. 

In cases where satisfactory evidence as to the can- 
didate's ability to teach cannot be had it may be well 
to grant a certificate for one term only, during which 
the question can be very clearly settled. 

Fourth, ability to govern. This is an important 
■qualification, insisted upon by the law, and indis- 
pensable to the success of the schools. On this point 
the committee should call for the evidence of former 
-experience, wherever the candidate has taught be- 
fore, and when this cannot be had, the examina- 
tion should elicit the plans of the teacher as to mak- 
ing children comfortable, keeping them all usefully 
employed and interested in their studies, his systems 
of rewards and punishments and methods of securing 
order and attention, and all other information per- 



KEMARKS RELATING TO PUBLIC INSTRUCTION. 311 

tainiug to the good order and government of a school. 
In this connection, the age, manners, bearing, 
knowledge of the Avorld, love and knowledge of chil- 
dren, etc., of the applicant, will deserve attention. 

If the teacher adds to his other qualifications a 
knowledge of the art of singing, it will be an addi- 
tional recommendation of him with those wiio desire 
to have a good school. Singing in school serves as a 
recreation and an amusement, especially for the 
sm.aller scholars. It exercises and strengthens their 
voices and lungs, and, by its influence on the disposi- 
tion and morals, enables a teacher to govern his 
school with comparative ease. 

In addition to these qualifications, the address and 
personal manners and habits of the applicant may 
well be inquired into, for these will determine, in a 
great measure, the manners and habits of the children 
whom he will be called upon to teach. 

The school committee must remember that on the 
thoroughness and fidelity with which this duty is 
performed depends, in a great measure, the success 
or failure of the school sj^stem. The whole machinery 
moves to bring good teachers into the schools, and to 
keep them as long, and under as favorable circum- 
stances, as possible. 

The committee should exercise a sound discretion 
in the whole matter, for the sole resposibility rests 
upon them in determining who shall, and who shall 
not, teach in our schools. No appeal can be taken 
to the commissioner from the refusal of a committee 
to grant a certificate. 

If a person has been before examined by them, and 
the committee know him to be a good teacher, the 
law allows them to give him a certificate, founded 



312 SCHOOL MANUAL. 

on this experience. A committee would also have 
the right under the law to grant a certificate for one 
term at least, without an examination, to a person 
having a diploma froin an accredited normal school 
or college. 

Annulling certificates and dimissing teachers. As- 
a teacher's qualifications depend not merely upon his 
learning (of which a committee can judge from ex- 
amination), but ui)on his moral character, his dis- 
position and temper, and his capacity to impart 
information and to govern a school, in regard to all 
of which the committee may be deceived or not fully 
informed, the law gives the committee the power to 
annul anj certificate they may have given, if, on 
trial, the teacher proves unqualified. A teacher may 
also refuse to adoj)t the proper books, may introduce 
improper books, may refuse to adopt what the com- 
mittee deem the best methods of instruction or dis- 
cipline, or may violate other regulations of the com- 
mittee, in which cases the committee have full power 
to dismiss the teacher. In case of all annulments of 
certificates of teachers or dismission, the school com- 
mittee, who are the onl}^ authority in the matter^ 
must give at least five days' notice in writing of such 
intention, and a hearing. 

Visiting schools. There is no dutj^ of the school 
committee more generally neglected than that of 
visiting schools. 

The law makes it the express duty of committees 
and trustees to visit the schools often. Without per- 
sonal visits to the schools, either by themselves or hy 
the superintendent, the committee can know nothing 



EEMAEKS RELATING TO PUBLIC INSTRUCTION. 313 

about the teacher's capacity to impart information, 
or about his methods of instruction and government, 
or the progress of the pupils; neither can they l^now 
the state of the register and the general condition of 
the school. 

Visiting the schools also has the effect of encour- 
aging the teacher in the performance of his duties ; 
and if the teacher is visited and treated with proper 
respect by the committee, trustees, and parents, it 
materially aids to secure to him respectful treatment 
from the scholars, and enables him to govern his 
school and pj-eserve order with ease, and without re- 
sorting to severe punishments. 

But the greatest influence is on the pupils them- 
selves. School is too apt to be considered by many 
of them as a place of punishment. But if their 
parents and others visit them often, and take an in- 
terest in their studies and progress, it gives a new 
character at once to the school and the schoolroom, 
and they contemplate it with pleasure instead of 
dread. 

It will also tend to accustom the pupils to recite 
before strangers, and help them to get rid of that 
timidity and reserve which, if not early removed, 
may prove a serious hindrance to their success in 
many pursuits in after life. 

While it will be advisable to assign one or more 
schools to each member of the committee for the pur- 
pose of visiting and general supervision, it is very 
desirable that all the schools should be visited at least 
once a term by the same person or persons, so that a 
comparison can be instituted between the different 
teachers and schools, and the official reports and re- 
turns be made out more understandingly. 

27 



314 SCHOOL MANUAL. 

In visiting schools, whether by the whole board, 
sub-eominittee, or individually, the following are 
among the objects which deserve attention : 

The condition of the schoolhouse and apurte- 
nances; — its location; size and condition of yard and 
outbuildings ; size, outward appearance, and state 
of repair of building; condition and size of entries 
and cloakrooms, and whether furnished with scraper, 
mat, hooks and shelves for hats and outer garments, 
water pail, cup, broom, duster, etc.; dimensions of 
schoolroom and its condition as to light, w^hether too 
much or too little ; as to the air, x)ure or impure ; as^ 
to temperature, whether too high or too low; modes 
of ventilation, whether by lowering or raising upper 
or lower sash, by opening into attic, by flue or other- 
wise ; whether heated b}^ close or open stove, furnace, 
or steam; construction and arrangement of seats and 
desks ; whether all the scholars, and especially the 
younger ones, are comfortably seated, with backs to 
lean against, and with theii' feet resting on the floor, 
and all facing the teacher ; whether there is a place 
to arrange the classes for recitation, and accommo- 
dations for visitors, etc. 

The school register should be called for to see if it 
is properly kept; and such particulars as the num- 
ber and names of the scholars, their age, parents, at- 
tendance and studies, should be gleaned as will give 
to the visitor a good idea ol: the character of the 
school. An inspection of the register will oftentimes 
inform the committee what children are not con- 
nected with the school, and a kind and timet}' call, 
a word with the parents or guardian, may save such 
children from ignorance, and the community from its^ 
consequences. 



REMARKS RELATING TO PUBLIC INSTRUCTION. 315 

111 this connection a >Yord should be said in refer- 
ence to the school census. As soon as the census 
returns are delivered to the committee, they should 
be examined with a view to finding out who are the 
regular absentees from school and where they live. 
Effort should then be made by the committee to se- 
cure their attendance. So far as it is possible a care- 
ful comparison should be made of the school register 
and these census returns, so that eacli may correct 
the other and thus the committee become possessed 
of reliable information in regard to the matter of at- 
tendance. 

The committee should inquire into the number of 
classes, and the studies they pursue. Such exercises 
should be called for as will exhibit the proficiency of 
the pupils, and the methods of instruction adopted 
by the teacher, and will also enable the committee to 
judge of the tact of the teacher in imparting infor- 
mation. The teacher, in justice to himself and his 
l^upils, should be allowed to conduct some of the exer- 
cises himself, and in his usual manner, as the scholars 
(if not used to being visited by strangers) will be less 
timid when examined by him, and the committee will 
have a better opj)Oi'tunity to see his mode of instruc- 
tion. But the committee should also ask questions, 
and, in some cases, take the conduct of the class into 
their own hands. 

Regular examinations should be had in order to 
determine the proficienc}' of the pupils, or the extent 
of their progress, and it will be Avell to place in the 
hands of the more advanced scholars questions to be 
answered in writing, while the examination of other 
classes is going forward. And the same or similar 
questions should be asked in every school visited, 



316 SCHOOL MANUAL. 

and the answers will be, to some extent, an unexcep- 
tionable standard of comparison for both the teachers 
and the schools. 

Such inquiries should be made as will show how far 
the rules and regulations of the school committee as 
to teachers, books, the cleanliness and preservation of 
the schoolhouse, the manners of the pupils, etc., are 
observed. 

The two distinct purposes of visiting, — inspection 
and examination, — should be kept constantl}^ in 
mind, and as far as possible the two should not be 
allowed to be mingled. The best results will be se- 
cured by keeping them well separated, since the 
methods and means adapted to the one are seldom 
fitted for the other. 

Great care should be taken in all cases not to wound 
unnecessarily the feelings of teacher or pupils, and 
commendation should be bestowed wherever it is de- 
served. It is better to err on the side of praise rather 
than on that of censure. 

Selecting text-books. The schools have heretofore 
suffered much from the great variety of text-books 
used, even in the same schools. It has rendered clas- 
sification impossible, and wdienever a scholar changed 
his district or his school a new set of books was to be 
purchased, or a new element of confusion was intro- 
duced. 

Under the new law providing for free text-books 
there is no reason wiiy most difficulties connected 
with text-books should not be removed. In the first 
place the question of a change or of the introduction 
of a new book will not be affected b}^ the expense im- 
posed upon parents. Secondl}^, as the books are now 



KEMAEKS RELATING TO PUBLIC INSTRUCTION. 317 

owned by the towns, exchanges can be effected much 
more rax3idly than before ; and, when it is deemed 
desirable, an extra, or additional, set can be supplied. 
Uniformity should be established in the schools of 
a town. But no rule which a committee may adopt 
as to the books to be used should be so framed or 
construed as to prevent a teacher from using explan- 
ations or illustrations to be found in other books 
upon any jDarticular subject, or to interfere with the 
use of all proper reference books by both teacher and 
pupils. 

No book containing any passage or matter reflect- 
ing in the least degree upon any religious sect, or 
which any religious sect would be likely to consider 
offensive, should be introduced into any public school 
by the committee. 

In all cases where a change in text-books is con- 
templated, a written notice to that effect must be 
given at a regular meeting of the committee, before 
the action is taken. The vote may be taken at any 
meeting thereafter, provided suitable time has inter- 
vened. Where a book has been adopted for intro- 
duction on or after a certain date, the vote can be 
rescinded any time before that date, but not other- 
wise. 

Rules and Regulations. The school committee 
should prescribe a system of rules and regulations 
respecting the age, admission, attendance, classifica- 
tion, studies, discipline, and instruction of pupils in 
all the schools ; the examination and duties of teach- 
ers ; the kind of books to be used, etc. No town 
should be without such rules. 

The age for admission should be uniform in all the 

27* 



318 SCHOOL MANUAL. 

districts of a town, as otherwise some districts may 
have the advantage over others in the apportionment 
of the public mone3^ 

While the school census age, five to fifteen, may 
be said to practically fix the age of admission at five, 
it is within the discretion of the committee to admit 
at an earlier period, and where there are kinder- 
gartens children should be encouraged to enter at 
three or four. In this connection it should be noted 
that the law expressly forbids anj^ person from being 
excluded from school for being over fifteen years of 
age. 

In the matter of classification, number and kind of 
studies, and gradation, the schools need, and to ac- 
■complish anything must have, the g'uidance and care 
of the committee. The law establishes no minimum 
range of studies, hence, unless the committee acts, 
there is no authority to decide what shall be, or what 
shall not be, taught. It is therefore a very impor- 
tant duty for each committee to decide what studies 
shall be introduced and to what extent they shall be 
pursued. Only as this dut}^ is thoroughlj' performed 
^ill our schools be capable of making any permanent 
progress. Even the ungraded schools are capable of 
great improvement in this direction, and a course of 
study if used as a general guide, rather than as an 
absolute rule, will do more than any other one thing 
to give efficiency to the schools. While the law 
j)lainly gives to the committee absolute power to 
determine the studies to be pursued, still the com- 
mittee should be ever ready to heed all reasonable re- 
quests of parents and guardians for such deviations 
therefrom as the best interests of their children 
seem to require. What shall be adopted? how far 



REMARKS RELATING TO PUBLIC INSTRUCTION. 319 

the school shall go? is wholl}^ within the XDrovince of 
the committee, who will doubtless seek to be gov- 
erned in that matter by the dominant sentiment of 
their constituents. Practically the law allows each 
community to iirovide just such facilities for the 
education of its children as it desires. 

In the matter of discipline it is suggested that the 
regulations of the committee should provide clearly 
for the exercise by the teacher of all proper authority 
over the pui)i], not only during school hours, but 
whenever he is on school premises. While he is on 
his way to and from school, as he is under the con- 
current jurisdiction of j^arent and teacher, the latter 
should be held responsible only for such matters as 
IDcrtain directl}^ to the school. 

The attention of the teachers and pupils should be 
regularly called to the rules and regulations, and 
violations thereof should not only not be winked at, 
but made a matter of serious treatment. 

The question of what holidaj^s shall be observed by 
the schools, and of closing the schools for the pur- 
pose of allowing teachers to attend institutes and 
visit other schools, is one that belongs to the com- 
mittee under this general provision of the law ; and 
the committee should attend to it. Of course on all 
holidaj^s established by State law the schools should 
not be kept. For all other cases the rule must be the 
voice of the committee. 

Apportioning Money. The committee, having as- 
certained what amount they can dei)end upon from the 
State treasury, the town, poll and other taxes, and 
having reserved an amount sufficient to defray the 
expense of x^i'iiT^ting their report and other neces- 



.■320 SCHOOL MANUAL. 

sary contingent expenses, must apportion it on or 
before the first Monday in July in each year, accord- 
ing to law, and give immediate notice of the amounts 
of said apportionment to the several trustees. But 
they are not authorized to pay out or give an order 
to any district which has not maintained a school for 
^t least six months during the year preceding, except 
in cases where the school was suspended by the 
committee for want of pupils. The law makes a dis- 
trict's complying with this provision for one year a 
prerequisite to its receiving any money the next 
year. 

Where a school is suspended for lack of the requi- 
site number of pupils, it will usually be found best 
the first year to set apart for such district a portion 
of the amount usually allotted, out of which can 
be paid the expenses incurred in providing school 
jDriviieges for the children of that district. After 
the first year the matter will be determined by 
the facts as the}^ shall appear. In cases of these dis- 
tricts the committee have full power either to send 
the children to other districts, which they can do 
without any payment of tuition, or to another town 
iind pay tuition. They are also authorized to pay 
for their transportation to and from school, if their 
judgment so dictates. 

The committee are not to give orders on the 
school fund any faster than they are satisfied that it 
is actually exjoended, and it is suggested that no pay- 
ments be made for fuel and other incidental expenses 
except upon presentation of the vouchers therefor. 

There is danger that trustees will endeavor to se- 
cure paj^ment from the public money of bills that be- 
long to the district, and the plan above mentioned 



REMABKS RELATING TO PUBLIC INSTRUCTION. 321 

will enable the committee to prevent such misuse of 
the public monej^ Tire times and manner of pay- 
ment, with the above restrictions, are at the discre- 
tion of the committee. 

Attention is specially called to the absolute require- 
ment of the law that the committee shall not allow 
districts to carr}^ forward unexpended balances from 
one 3^ear to another ; nor is it legal, under the district 
organization, for the committee to give orders in 
payment of bills of the previous year. 

Where the town sj^stem prevails there will be no 
necessity for any such apportionment as above, but 
such allotment to the several schools, or division of 
the funds, should be made as shall provide for all 
of the schools equal advantages and facilities, so far 
as it is possible. A committee, however, has no right 
to expend more than the amount appropriated by the 
town, and the town treasurer would not be authorized 
to honor the order of the committee for any amount 
in excess of the funds set apart, either by law or by 
direct vote of the town, for the support of schools. 

The committee should always keep a regular set of 
accounts. A separate account should be opened with 
each school district, in which the district should be 
each year credited with the mone}^ apportioned to it, 
and then charged with the orders which have been 
given to it. 

Under the town system an account should be kept 
either with each school, or school building, so that 
there may be some basis of comparison of cost be- 
tween different schools. A separate account with 
each teacher is also of great value in keeping a 
check upon the expenditures. 

Another account should be kept by entering all the 



S22 SCHOOL MANUAL. 

sums of money appropriated to schools on one side, 
and all orders given on the other, which will show at 
an}^ time the balance under the committee's control. 

Returns. By the Public Statutes, chapter 59, sec- 
tion 5, trustees are to make returns to the school 
committee at such time and in such form as the 
committee or commissioner may ijrescribe. These 
returns must be made in season to enable the com- 
mittee to digest them, and prepare their return to the 
commissioner by July 1st, for which returns the com- 
missioner will furnish forms. The attention of com- 
mittees is particular!}^ directed to this part of the law, 
for experience has shown that the incomxjleteness 
^nd inaccuracy of our statistics are due primarily to 
the failure of the committees to secure proper returns 
from the trustees and teachers. There is no excuse 
for such neglect, and every trustee and teacher 
should be firmly held to a strict compliance with this 
requirement. The committee are also, at the annual 
town meeting, to make a written or printed report to 
the town, of all their doings, the condition of the 
schools, plans for their improvement, etc. Until the 
above return, correctl}^ filled out, and three or more 
copies of the above report are sent to the commis- 
sioner, the town's share of the State approi)riation is 
withheld in accordance with the provisions of the law. 

The committee are authorized to reserve enough 
(not exceeding $40) out of the school monej^ to print 
their reports, and no action or vote of the town can 
take away this authorit}^ from the committee. It is 
believed that no part of the school expenditure 
Avill do more good and tend more to keep up an 
interest in the schools than this, and it is hoped that 



REMARKS RELATING TO PUBLIC INSTRUCTION. 325 

every committee will alwaj^s make its report in 
print. 

The committee must aid in organizing districts by 
giving the notice for the first meeting. When there 
are no trustees or clerk, or when these officers neglect 
to call meetings, the committee must call them, in 
the same manner and for the same purposes as tho^ 
trustee would have called them. The notice may be 
signed by either the chairman or clerk of the commit- 
tee, the same as in the case of other official docu- 
ments issued by the committee. 

Any district may vote to devolve upon the commit- 
tee, with their consent, the whole management of 
its schools ; and in that case, the committee will 
exercise in that district all the powers which the 
trustee might exercise; — have the custod}^ of the 
schoolhouse, hire the teacher, etc. 

Gradation of schools. The school committee can- 
not comi)el a district to establish graded schools, but 
they can jDromote a gradation of schools, or a separa- 
tion of the younger and the older scholars, or the 
primary and advanced studies, into distinct schools 
or departments. B}^ such a separation of pupils 
and instruction a great saving of time and expense is 
secured, while great benefits are derived by the chil- 
dren. Such a policy should be adopted, as a rule, in 
preference to the division of a district, where the 
children have become too numerous for one school. 

Where the schools are so divided or graded, the 
determination of the grades and the promotions from 
one grade to another are in the hands of the com- 
mittee. 

The union of two or more adjacent districts, where 



324 SCHOOL MANUAL. 

there are sufficient jDiipils for the purpose of estab- 
lishing a secondar}^ or grammar school for the older 
and more advanced pupils of each district, can be 
secured to advantage in many towns, and this phase of 
the subject should receive the attention of the com- 
mittees, as it is to them that the people natural!}^ 
look for suggestions in these matters. 

Whenever the schools of a town are managed inde- 
pendent of districts, a sufficient number of schools of 
different grades should be established by the commit- 
tee, at convenient locations, var^'ing the studies pur- 
sued according to the circumstances of the population. 

In towns where there are compact villages or com- 
munities evening schools should receive the attention 
of the committee, and efforts should be made to se- 
cure from the town specific appropriations for their 
support. In manufacturing centres they are a neces- 
sary factor in any system of public instruction, and 
the State now makes an annual appropriation for 
their support. In all evening schools supported 
wholly or in part by the i^ublic monej^, whether dis- 
trict, town, or State, the question of the qualification 
of the teachers is in the hands of the school commit- 
tee. 

SCHOOL SUPERINTENDENTS. 

The school committee must elect a superintendent 
of schools each year at their first regular meeting. 

The superintendent is not a civil officer, and hence 
he need not be a voter or even a resident ; and a 
woman is as eligible as a man. He is simply the 
agent of the school committee, and subject wholly to 
their direction and control. Under the law he is 
Tested with no iDOwers or duties, but is expressly 



KEMARKS RELATING TO PUBLIC INSTRUCTION. 325 

directed to "perform such duties and exercise sucli 
powers as the committee may assign." 

While great good may be accomplished by the ap- 
pointment of some qualified person especially to 
supervise the schools, it was not intended that the 
creation of the office of town superintendent should 
relieve the members of the school board from an ac- 
tive participation in this work. The school law 
renders this duty obligatory upon all tlie members of 
the school committee, and for their services they 
should receive a proper compensation. Each mem- 
ber of the committee should be to some extent famil- 
iar with all the schools of the town ; but this he 
cannot be if he delegates the whole duty of visiting 
and supervision to some other person. In those 
towns where the school committee and suj)erinten- 
dent exorcise this mutual oversight, there is a natural 
and necessary concurrence of opinion as to the merits 
or demerits of school opsrations, and ' the most 
thorough harmony of sentiment with respect to 
methods of improvement. Hence school committees 
are urged to an increase, rather than a diminution, of 
personal attention to each school, even where the 
town enjoys the full labors of an efficient town super- 
intendent. 

The law provides that the town shall fix the salary 
of the superintendent, but justice and propriety both 
seem to demand that the body which determines the 
amount and character of the labor should also deter- 
mine the salary; and if the towns would refer this 
matter to their committees, it is believed an increased 
efficiency in the service would be the result. 

The following suggestions are submitted concern- 
ing town superintendents : 

28 



826 SCHOOL MANUAL. 

1. Each town should have a good superintendent of 
schools, elected by the school committee. 

2. Where one town is not able to secure such 
an officer, two or more contiguous towns should 
unite in electing the same officer ; his salary to be 
fixed by the school committees of the towns uniting, 
and paid by them jointly. 

3. This officer should be paid such a salary as will 
enable him to devote the whole of his time to the 
work. 

4. He should visit and inspect the schools, ex- 
amine the pupils, make promotions, suggest improve- 
ments in instruction and government, hold teachers' 
meetings and public meetings in the different sec- 
tions of the town, and in every way foster and en- 
courage the work of public education. 

5. He should examine the teachers, — in connection 
with the school committee if jjossible. 

6. He should allow no text-books to be used in 
schools except such as are approved by the school 
board of the town. 

7. He should see that the rules and regulations 
of the school committee are honored and enforced,, 
and should make a written report on the condition 
of the schools and school property to the school com- 
mittee at each quarterlj^ meeting or oftener, — such 
report to be embodied in the report of the school 
committee, to be printed and distributed annually 
among the citizens and families of the town, 



REMARKS RELATING TO PUBLIC INSTRUCTION. 327 



BRIEF SYNOPSIS OF DUTIES OF SCHOOL COMMITTEES. 

1. The holding of at least four meetings in each 
year. 

2. The appointment of a town superintendent of 
schools. 

8. The examination of teachers. 

4. The granting of certificates to teachers and the 
power to annul the same. 

5. The visiting of the schools. 

6. The adoption of all rules and regulations re- 
lating to the management of schools. 

7. The suspension of pupils from schools. 

8. The adoption of new text-books b}'' a vote of 
two-thirds of the whole school board. 

9. The supply of all needful text-books and other 
materials. 

10. The apportionment of the public monej^ to the 
several school districts. 

11. The drawing of all orders on the town treas- 
urer for school money. 

12. The location of all schoolhouses. 

i3. The formation of all new school districts, the 
alteration or discontinuing of school districts, and 
the approval of the formation of associate, joint, and 
consolidated districts. 



328 SCHOOL MANUAL. 

14. The written approval of all district taxes and 
of all plans for building and repairing sclioolhonses. 

15. The calling of district meetings in certain 
cases. 

16. The contracting with teachers and the man- 
agement of all school affairs, when so authorized by 
the town. 

17. The enforcement of the truant and absentee 
law. 

18. An annual report to the town, to be read in 
open town meeting, or printed for distribution. 

19. A statistical return to the commissioner of 
public schools, on or before the first day of July in 
each year, including one copy of the above report if 
written, or three copies if printed. 



DISTRICTS. 

There are three provisions made in the law for 
uniting districts. Any two or more districts may 
form a partial union for the purpose of supporting a 
school for the older and more advanced children. 
Such a union is call an associate district. 

Any contiguous districts in adjoining towns may 
be united b}^ the school committees, and such a union 
is called a joint district. Adjoining districts in the 
same town may consolidate themselves, subject to 
the approval of the committee, and such a union is 
called a consolidated district. When united they 
constitute a single district, and their affairs must 
be managed in the same way as if originally one 
district. 



REMARKS RELATING TO PUBLIC INSTRUCTION. 329 

A district cannot vote to dissolve itself. Snch a 
vote will be wholly null and void. It can be dis- 
solved by the school committee alone, who also haA^e 
the sole power to create new districts and change the 
boundaries of those already existing. 

Moderator. The moderator of a district meeting is 
now an annual officer and is to be elected with the 
other officers at the annual meeting. He need not be 
engaged. He will preside at all district meetings, 
both annual and special. If he is absent, a modera- 
tor pro tern, should be chosen. It is the business of 
the moderator to jjreside over the meeting, guide its 
business, and preserve order. While he will usually 
be justified in obeying common xjarliamentarj^ 
rules in the exercise of his duties, still the meet- 
ing is superior to any rules, and if an appeal from 
any of his rulings is taken, it must be allowed, and, 
if sustained, the will of the meeting obej^ed. The 
moderator is entitled to vote only as any other voter 
may vote. He has no casting vote. In receiving 
votes for any officer or on an}^ question, the modera- 
tor has no right to reject any man's vote. He is in 
no sense a judge of a voter's qualification if he claims 
a legal right to vote, but he can insist upon knowing 
how he votes, and have his name and vote recorded 
by the clerk, so that, if a question arises, it can be 
settled by the proper authorities. In any case of 
doubtful legality, or of contested elections, a mode- 
rator would do well to have such a record of the 
voters and their votes made as the law provides for. 
The moderator has power to administer the oath of 
office to all the other officers, either at the meeting, 
or afterwards. 

28* 



330 SCHOOL MANUAL. 

It is the moderator's duty to maintain order in a 
meeting, and in case iDersons present refuse to con- 
duct themselves prox)erly he should order them to 
leave the meeting. Provision is made in the law 
whereby town constables, upon the tender of the re- 
quired fee, are obliged to be present at any school or 
other lawfully assembled meeting, and they are au- 
thorized to arrest without a warrant, and detain for 
six hours, any x^erson found unlawfully disturbing- 
such meeting. 

Clerk. The district clerk should be engaged by 
the moderator and make a record of it. If not present 
at the time of his election so as to be engaged in open 
meeting, he should be engaged before entering upon 
the duties of his office. A clerk pro tein. should be 
engaged before he enters upon the duties the same as 
the regular clerk. When engaged, the clerk may en- 
gage all other district officers, and should enter all 
such cases in his record book. 

When a trustee, treasurer, etc., is elected, the clerk 
should make out and sign and seal a warrant or cer- 
tificate of his election, upon which he may be en- 
gaged. [See forms.] 

The clerk should, at the request of any person in- 
terested, record a motion which is negatived, as well 
as a motion passed, as in many cases a person may 
be entitled to an ajDpeal. And on any question which 
may come before the meeting he should record the 
number and names of the voters on request of any 
qualified voter; and in general he should endeavor 
to make his minutes as full as possible, so that they 
may give the Avhole history of the meeting. 

In the record of every meeting the clerk should 



BEMAEKS RELATINa TO PUBLIC INSTRUCTION. 331 

state how the meeting was notified, and when and 
hy whom the notices were posted. In many cases, 
at some distance of time, it might be important to 
know how the meeting was notified, and the evidence 
of it should not be left to depend upon mere recol- 
lection. The record of the clerk that a "meeting was 
duly notified" is made prima facie evidence that it 
was notified as the law requires, and inhabitants of 
the district can be admitted to prove the notice. But 
it would be easy and best to preserve one of the 
original notices themselves, especially in case of a 
special meeting. 

It would be well also for the clerk, at the close of 
ever}^ meeting, to read aloud the minutes he has made 
of the proceedings, so that any mistake may be cor- 
rected at the time. Errors in the record may be sub- 
sequently corrected and the true record established 
by proper evidence. 

The clerk is to procure a bound record book at the 
ex]3ense of the district. For anj^ willful neglect or re- 
fusal to perform any duty, he is liable to indictment, 
and the Supreme Court would, probably, upon appli- 
cation, compel him by writ of mandamus to perform 
such duty. 

District Treasurer. The treasurer should have a 
certificate of his election [see form] and be engaged. 
He need not give bond unless required by vote of the 
district. But if the district requires him to give bond 
it should run to the district, and the district should 
fix the sum and approve of the surety or sureties, 
[see form.] 

His duties are very simjjle: to keep the district's 
money if they have any, pay it out to order, and 



.332 SCHOOL MANUAL. 

keep proper accounts of it, and exhibit them to the 
trustees or district when required. He should always 
make a report at the annual meeting, and a copj^ of 
it sliould be given to the trustees, in order that they 
may make up their return to tJie school committee. 
In case the district hires money the treasurer is the 
one to sign the note. [See form.] 

District Collector. The collector should always be 
engaged before beginning his duties. Like the treas- 
urer he is not obliged to give bond except upon vote 
of the district. If the district requires him to give 
bond, the district should fix the sum, and, as in case 
of treasurer's bond, it should run«to the district ; and 
the district sliould approve of the surety or sureties. 
If, however, the distiict votes to have the town col- 
lector act, he is to give bond to the district, satis- 
factory to the school committee. 

If no compensation is agreed upon before the col- 
lector is elected, he is entitled by law to five per cent, 
upon the amount collected. On the other hand a dis- 
trict cannot vote to pay more than five per cent. 
[See the forms for warrants and tax lists.] 

Trustees. One or three trustees are to be appointed 
by a district at its annual meeting, but the decision, 
4is to one or three, should be made before the election 
of any. If by any accident an election is not made 
then, or if a vacancy occurs, the district may elect 
afterwai'ds. Trustees hold their offices until their 
successors are qualified, and can only be removed 
f j'om their office, before tlie expiration of the term for 
which they were elected, for. cause, and after notice 
and trial. 



REMARKS RELATING TO PUBLIC INSTRUCTION. 333 

If there are three trustees, a majority can act, but 
the action of only one would be void. All business 
must be done at a meeting of the board, of which due 
notice was given to all the members. " Where a body 
or board of officers is constituted by law to perform a 
trust for the public, or to execute a power or perform 
a duty prescribed by law, it is not necessary that all 
should concur in the act done. The act of the major- 
ity is the act of the bod}^ And where all have due 
notice of the time and place of meeting in the man- 
ner prescribed by law, if so prescribed — or by the 
rules and regulations of the body itself, if there be 
anj^ — otherwise if reasonable notice is given, and no 
practice or unfair means are used to iDrevent all from 
attending and participating in the proceeding, it is 
no objection that all the members do not attend, if 
there be a quorum." 

The trustees must employ the teachers. In employ- 
ing a teacher or assistant teacher, trustees should be 
cautious to employ no one who has not a legal certifi- 
cate, and not to emj)loy one after notice that his cer- 
tificate is annulled, as in such a case the trustees 
would be held personally liable for the teacher's 
wages. The trustee has no power either to annul a 
certificate, or to dismiss a teacher before the exj^ira- 
tion of the time for which he was hired. The trus- 
tees should see that the teacher keeps a proper 
record of attendance, as is required by the au- 
thorities, in order that the district returns may be 
properly made ; and when tlie school is over, the 
register should be deposited with the conunittee. 
They should require the teacher to furnish them with 
such items of information as are necessary to make 
out their annual report to the town committee, which 



S34 SCHOOL MANUAL. 

report should be made on the first of May, or sooner 
if the school is out, or at such time as the committee 
shall fix. Forms for these reports will be furnished 
to the districts, and can be obtained from the com- 
mittee or from the superintendent. 

If trustees appropriate any of the public money to 
pay a teacher not legally qualified, they are liable to 
a penalty. The uses for which the public money may 
be emploj^ed are teachers' wages, fuel, janitor's ser- 
vice, with some other current expenses. 

If any scholars from witliout the town or State can 
more conveniently attend school in any district and 
desire to do so, the trustee of that district is author- 
ized to make the necessary arrangements, subject to 
the approval of the school committee. The trustees 
ishould also take care that the school is kept in a 
house wiiich will not be disapproved of by the com- 
mittee of the town. To that end the trustees are au- 
thorized to make repairs that are immediately neces- 
sary for the pi'eservation of the property and the 
maintenance of the school, without a vote of the dis- 
trict, and the district would be obliged to pay for 
such repairs. While the control and care of the 
school property is in the hands of the trustee he has 
no right to remove or dispose of any of it, except by 
A'ote of the district. As the custodian of the school- 
house he may allow its use for purposes connected 
Avith education, even against the wish of the district, 
"but he cannot be compelled to allow its use for such 
a purpose, provided he does not think it best. Nor 
can he allow its use for religious meetings, if a single 
taxpayer objects. If, however, the schoolhouse has 
been given to the district under certain conditions, 
the trustee will be bound thereby. 



EEMARKS RELATING TO PUBLIC INSTRUCTION. 335 

Trustees should regard the visiting of the schools 
as one of the most important of their duties, which 
should by no means be neglected. 

When a district is organized and has trustees, they 
are the persons first authorized to notify all annual 
and special district meetings, and they cannot dele- 
gate this power ; and if there is no district school- 
house, or x^lace appointed b}^ the district, they are to 
fix the place of meeting. If the trustees and clerk 
on application neglect to call a meeting, the school 
committee may call it. 

Trustees are liable to a penalty for refusal to dis- 
charge any dutj^, — call a meeting, assess a tax, etc., etc. 
And the Supreme Court would probably, upon appli- 
cation, compel any school officer, by w^rit of manda- 
mus, to discharge any dut}^ plainly imjDOsed on him 
by the law. A trustee may, however, resign his office 
at any time. 

Trustees should encourage meetings of teachers in. 
their neighborhoods for mutual improvement, and 
also insist upon their attendance upon all institutes 
and other similar gatherings, and as far as possible 
aid them in going to and from such meetings. If an}^ 
teacher neglects or refuses to attend a teachers' insti- 
tute, when organized under proper auspices, and 
when he can conveniently, it should be regarded as 
a sign of unfitness for the place. No one is so well 
qualified as not to be able to learn from his fellows 
many useful hints as to methods of teaching, books, 
etc., and no one should be unwilling or too proud to 
learn. 

If the committee authorize schools to be closed, the^ 
trustee has no power to prevent it and cannot com-^ 



336 SCHOOL MANUAL. 

pel a teaclier to make np such days or legal holidays, 
exceijt by special agreement. 

TriTstees have no authority to make anj^ rules and 
regulations in regard to the school, such as times of 
sessions, recesses, studies, etc. They can however 
fix the limits of the school terms, subject to some 
general rules of the committee. And in this connec- 
tion they should be very particular to notify the com- 
mittee or superintendent of the beginning and ending 
of every term, in order that the schools ma}^ be prop- 
erly visited. 

Trustees should see that an inventory of all the 
maps, books, and other property belonging to the dis- 
trict, is made from time to time, and i^reserved among 
the papers of the district. 

Every district should possess a dictionarj^, maps of 
the United States and other countries, and of the 
town (if thei'e is one), a globe, and such other ap- 
paratus and works of reference as the means of the 
district, or the public spirit thereof, will allow. With 
the liberal aid now given by the State, no district or 
school need be wdthout these essentials to a good 
school. 

Trustees should recollect that in order to obtain 
from the school committee any order for money, they 
must have made a proper return from their district, 
for the year ending on the first of May previous, and 
must also furnish to the committee evidence that the 
"teachers' money," (that is, the money which the dis- 
trict received from the town treasurer as their part 
of the State appropriation,) for the year ending tlie 
first of May previous, has been applied to the wages 
of teachers, and to no other purpose whatever. 

The return of the district should include the whole 



REMAEKS RELATING TO PUBLIC INSTRUCTION. 337 

time during which any portion of the public money 
has been used to support the school, and should in- 
clude all expenditures for the benefit of the school, 
whether from district funds or any other source, and 
should state all the sources whence the moneys were 
obtained. 

Trustees are cautioned in reference to these re- 
turns, that the committees have been instructed to- 
refuse to draw their orders except upon the receipt, 
of the proper return fully and accurately made out. 

If a trustee removes from the district he ceases to 
be trustee from the date of his actual removal, and 
tlierefore cannot act at all as trustee after that date. 

In assessment of taxes, which inust be done by the 
trustees, and not by assessors, the trustee has no 
power to remit, or alter valuation. He has no dis- 
cretionary power in the matter, but must follow ex- 
actly the town assessment. 

Where a district maintains an evening school, the- 
trustee would sustain exactly the same relation to it 
as to the day schools. 

Qualifications for office. In order to be eligible to 
any district office, a person must possess the qualifi- 
cations of a voter for said office; and any voter may 
be elected to any district office. 

It is sufficient if the person elected have the quali- 
fications of a voter at the time of his election; and it 
is not necessary that his name be upon the voting, 
list of the town. 

Engagement Every district officer except the 
moderator must be engaged by some one duly author- 
rized to administer oaths before he enters upon th&- 

29 



338 SCHOOL MANUAL. 

discharge of his duties. The following officers may 
administer the oath to school district officers: the 
moderator of the district, district clerk, town clerk, 
president of town council, trial justice, justices of the 
peace, and public notaries. When an officer is en- 
gaged at any other time than in the district meeting, 
he should always receive a written certificate of his 
engagement. [See form.] 

The same person may hold more than one office at 
the same time, where the duties of the two do not 
conflict, or where the law does not make one officer 
responsible to the other: that is, one person may be 
both moderator and trustee or collector; but the two 
offices of moderator and clerk cannot be filled by the 
same person at the same time, neither the offices of 
trustee and collector, nor those of collector and treas- 
urer. 

Vacancies in office are always created by absolute 
removal from the district, and an officer has no au- 
thority to act after such removal. But great care 
should be taken before proceeding to fill any such 
vacancies, to see that the evidence of the removal 
and consequent vacancy is incontestible ; for there is 
often a temporary removal or absence which could 
not be regarded as a legal removal, and sltij attempt 
to fill the so-called vacancy would lead to difficulty. 

Resignations should always be given in writing, 
addressed either to the clerk of the district, or to the 
trustee. Oral resignations are so liable to be the 
source of misunderstanding that they should never be 
used. A resignation can be withdrawn any time be- 
fore it has been acce^Dted, either formally, or by filling^ 
the vacancy. 

All district officers are to be elected annually, but 



EEMAEKS KELATING TO PUBLIC INSTRUCTION. 339 

all school officers, whether town or district, will hold 
over till their successors are not only elected, but 
qualified. A pecuniary interest in the introduction 
of any school text-book disqualifies any school officer 
whatever from continuing in his office. 

Voting. To enable a person to vote in a district 
meetiug, he must reside in the district and possess 
the qualifications requisite to entitle him to have his 
name put upon the voting list of the town at that 
time ; but his name need not actually be upon the 
list. To vote as a taxpaj^er, a man must pay, or be 
liable to pay, a portion of the tax in question. 

Taxpaying residents alone have the right to vote 
on questions involving the exijenditure of money, 
but a non-resident, though a taxpayer, has no vote 
at all, not even upon tax questions. 

If a person residing in a joint district moves from 
one toiu7i to the other, he loses his vote in that dis- 
trict till he has gained it in the other town. 

Certificate voters, so-called, cannot vote for school 
district officers. 

Meetings. As to notifying meetings, see chapter 
oQ^ section 5. A meeting called by only one notice 
is never legal, nor where the notice is signed by any 
other person than the trustees, clerk, or school com- 
mittee ; and all business transacted at an illegal 
meeting is void. The notice for an annual meeting- 
need not specify any of the items of business. Any- 
thing which it is lawful for a district to do, even the 
voting of a tax, can be done at an annual meeting 
without being mentioned in the notice. But every 
notice of a special meeting must state specifically 



340 SCHOOL MANUAL. 

what business is to be done, or it will be illegal. All 
notices must be posted at least live days before the 
meeting. (See form.) The annual meeting must 
organize by choosing a moderator and clerk. The 
moderator is an annual officer, the same as the clerk, 
^nd presides at all meetings during his year of ser- 
vice. He need not be engaged. The clerk, whether 
Tegular or pro tern, should be engaged before he enters 
upon the discharge of his duties. He may then en- 
gage all other district officers, and his record will be 
-evidence of his own and their engagements. If there 
is a failure to appoint officers at the annual meeting 
they may be appointed afterwards, and vacancies 
may be filled at any time. If either moderator or 
'Clerk is absent from any meeting, a moderator or 
-clerk pro tern, should be elected. 

If the moderator refuses to put questions to vote, 
or if he or any other district officer violates the law, 
or refuses to perform his duties, he is liable to paj^ a 
fine, or to be brought before the Supreme Court and 
■€omi3elled to act. 

The annual district meeting is to be in April, but 
special meetings may be called by the trustees at 
any time as their judgment may decide; provided, 
tliat no special meeting shall be called, without the 
consent of the school committee, to consider any sub- 
ject-that shall have been acted upon by the district 
within six months. Any legal meeting may adjourn 
to a special time and continue at that adjournment 
the business which was specified in the call, or which 
it was proper to consider at the first meeting. 

Inhabitants of districts may be witnesses in all 
cases, and so may j)rove (if disputed) the legality of 
the notice and meeting, but the clerk's record that 



REMARKS RELATING TO PUBLIC INSTRUCTION. 341 

the meeting has been duly notified will be prima 
Jade evidence of the fact. 

Quormn. It has been repeatedlj^ decided in the 
courts of England and this country, that at common 
law, where there is no statute provision, when a meet- 
ing of a corporation, consisting of an indefinite nuDi- 
ber of persons, (as towns, districts, etc.,) is i3roperly 
notified, no particular number is necessarj^ to form a 
quorum, but a majority of those present maj^ act. 

To require a majority of the voters of the district 
to be present would in many cases prevent the doing 
of any business at all. And to fix any particular 
number would be difficult, because, there are some 
districts where this number w^ould be more than the 
whole number of voters. The law has therefore re- 
quired the notice of the meeting to be given with 
^reat particularity, and then j)resumes that every 
voter who does not attend assents to what is done 
by those present. 

At the same time it will not be advisable to pro- 
ceed in any matter of importance, such as laying a 
tax, etc., unless a respectable proiDortion of the voters 
attend. 

Order of business. A district has full power to 
make its own rules of order, and any district meeting 
is competent to overrule any decision or ruling of the 
moderator, and he is bound to conform to their votes 
in such matters. 

In the election of officers where only one person is 
nominated, it is generally enough to call for all in 
favor of his election to say, "aye," and all opposed to 
say, " no." If there is the least doubt in the mode- 

29* 



'342 SCHOOL MANUAL. 

rator's mind as to the vote, he should take it again, 
by show of hands. Where two or more persons are 
nominated for the same office, a ballot should always 
be taken by the moderator. If a ballot is called for 
on any question and the call is seconded, the mode- 
rator should put the question to the meeting, whether 
they will have a ballot. If the call is not seconded 
he can act his own pleasure. If a request is made for 
n record of the voters and how they voted on any ques- 
tion, it must be taken, but the request must be made 
before the voting begins. A district may therefore 
reconsider a vote at any time as well upon the motion 
of one who did not vote for it, as upon that of one 
who did ; and the district may also rescind any vote 
at any time, before any contract has been made un- 
der it. But after a contract has been made, or an 
individual has incurred any expense or liabilities in 
consequence of a vote of the district, they cannot 
with justice rescind it. And if it is rescinded, they 
will be held liable to make good all damages and 
losses incurred. 

A subsequent meeting cannot by vote legalize the 
illegal action of a preceding meeting. 

TAXATION. 

General provisions. The districts have power to 
build, purchase, hire, and repair schoolhouses, pro- 
vide blackboards, maps, furniture, and all necessary 
and useful appendages. The law gives them a 
general power to tax for school purposes. They may 
tax to pay rent of a hired house. They may also tax 
to repair a hired house, provided they have a valid 
lease of it for a definite period. They may also tax 



REMARKS RELATING TO PUBLIC INSTRUCTION. 343 

to niiiintain a day or evening school, but they cannot 
impose any tuition tax or rate bill on the resident 
l^upils. And to guard against any abuse of this 
I)ower, the tax must be approved by the school com- 
mittee, and the plans for building and repairs must 
also be approved by the committee, or, on appeal, by 
the commissioner ; but this approval is simply an 
api3roval of the amount of tax, and not an endorse- 
ment of the accuracy or validity of the tax bill. And 
in all cases of levying taxes, it is necessary to vote 
either a sum certain, or a sum not less than a 
certain sum, and not more than a certain sum, or 
a certain percentage on the valuation of the rata- 
ble property of the district. The amount levied 
may be greater than the indebtedness of the district. 
Indeed it is desirable that there should be some 
funds in the treasury, all of the time. Every vote to 
levy a tax should specify a time when it shall be due 
and payable, and it is usually wise to provide a. pen- 
alty for non-payment at the required time. 

All school district taxes must be voted, assessed, 
and collected according to the present school act, all 
former acts being repealed. 

On laying a tax, or on any question relating to the 
■expenditure of monej^ those only are entitled to vote 
who shall have paid, or are liable to pay, taxes ; and 
no tax can be assessed or money hired on the credit 
of the district without the direct vote of the district 
to that effect. 

Assessment of taxes. Unless the district vote to 
have their tax assessed according to the next town 
valuation, the trustee or trustees must proceed to 
make out the tax bill according to the last town val- 



-•344 SCHOOL MANUAL. 

nation. If there are any coniplaints of wrong valua- 
tion, it would be w^ell for the district to postpone the 
tax until the next town assessment is completed, to 
give the parties an opportunity to be heard before the 
town assessors. 

There are no such officers recognized by the law as 
<listrict assessors, and if a district should elect such, 
-and they should assess a tax, it could not be collected; 
nor would a tax be collectible if assessed by trus- 
tees, one or all of whom were subseqnently found to 
be disqualified, or illegally elected. 

A vote to assess by the next town valuation is the 
only way for a district to avail itself of any increase 
in the taxable property of the district. The trnstee, 
either by himself or by assessors, has no right to make 
a new valuation for individuals, or for the whole dis- 
trict indeed, apart from the rest of the town. 

If any propertj?^ within the district is assessed to 
^ny person together with j)roperty out of the dis- 
trict, so that there is no separate valuation of that 
portion which ma}^ lie within the district lines, and 
so in the other cases referred to in cap. 58, § 2, 
the trustees must first endeavor to agree with the 
parties interested as to the valuation of the ]3roperty, 
and in case they cannot agree they must then a^Dply 
in writing to one or more of the town assessors, living 
out of the district, stating the names of the parties 
so situated; and the assessors will immediately issue 
three notices, and at the expiration of the ten days 
proceed to decide and apportion the valuation; and 
in their return to the trustee they should certify over 
their official signatures to all of the material facts. As 
the assessors are called ux3on to act in these cases solel}^ 



REMARKS RELATING TO PUBLIC INSTRUCTION. 345 

upon business of the district their fees should be paid 
by the district. 

The following is an abstract of the general tax 
laws of the State ; but a trustee or assessor, before 
proceeding to act, should always inquire if they have 
been altered or amended. 

In assessing a tax, real and personal estate must 
be valued separately, and put in separate columns. 
Taxes on real estate must be assessed to the owner 
■or tenant for life, and separate tracts or parcels 
should be separately described and valued, as far as 
practicable. They should not be assessed against a 
person deceased, but may be assessed to the estate or 
heirs of the deceased until the assessors have notice 
of a division, and each heir is liable for the whole 
tax. If a tax be assessed on real estate by mistake 
to a person not the owner thereof, the tax may be 
collected from such real estate, provided it can be 
identified, and that the real owner has notice of the 
assessment. 

If any real estate has changed owners since the 
last town valuation, it, of course, must be assessed to 
the actual owners at the time the school-tax bill is 
made out. This is the reasonable construction of the 
law. If the new owner resides out of the district, the 
purchase does not carry the property out of the dis- 
trict too. It is still taxable where it is situated. 

Persons must be taxed for personal property ac- 
•col'ding to their residence for the greater portion of 
the twelve months next preceding the first day of 
April in each year, unless otherwise provided. But 
a person moving into the State will be taxable in the 
town and district where he resides when the tax is 
assessed. If a person moves out of the State before 



.^46 SCHOOL MANUAL. 

the assessment, he is not liable. The general rule as 
to taxation is, that personal propert}^ shall be taxed 
to the owner where he resides, and real estate where 
it lies. A few exceptions from this rule, made by 
statute, are hereafter referred to. 

Buildings on leased land, where the lease is re- 
corded, are to be deemed real estate, but in other 
cases they would be regarded as personal property. 
■Standing wood to be cut and removed, if there is no 
deed of the land, is to be regarded as personal prop- 
erty. It has been decided in Massachusetts, that a 
person residing on land ceded to the United States, 
and where the State has only reserved a right of 
.serving process, is not taxable. (8 Mass. 72; 1 Met- 
calf, 680.) Machinery in cotton and woolen factories, 
merchandis.e, stock in trade, lumber and coal, stock 
in livery stables, being permanently located in any 
town, are to be taxed in the towns where located, in 
rthe same manner as if the owner resided there. 

Personal property in trust, the income of which is 
to be paid to some other person, must be assessed to 
the trnstee in the town where such other person re- 
sides, if in the State ; but if such person lives out of 
the State, then it is to be taxed where the trustee, ex- 
ecutor, etc., resides. 

Personal property in the hands of the executors, 
guardians, etc., is to be taxed to them in the town 
where the deceased dwelt, or the ward resides, if a 
resident of this State ; but if not, then in the town 
where the guardian resides. 

Collection of taxes. The taxes must be collected 
by the district collector, or by the town collector, if 
the district so votes. A tax paid to the treasurer or 



EEMARKS RELATING TO PUBLIC INSTRUCTION. 34T 

any other i)erson does not release the partj^ If the- 
town collector serves, he does not need to be engaged 
as district collector. 

Before the collector proceeds to the collection of 
the taxes he should see that the iDrovisions of the la\^ 
regarding the assessment have been complied with. 

The mode of distraining and selling personal 
property is pointed out in the General Laws. The 
mode of notifying and selling land for taxes is also 
prescribed b}^ law. In either of the above cases the 
collector should be very particular to follow the exact 
letter of the law, keeping within, rather than over- 
stepping, its bounds. If a person is taxed for more 
than one parcel of land, the whole tax may be col- 
lected out of any one parcel, and the real estate is- 
liable for the tax on both real and personal property. 

A tax warrant remains in force until the whole tax 
is collected, even though a second or third tax may 
have been levied in the meantime. 

If the collector dies, resigns, or is removed, the new 
collector, in order to complete the collection, should 
receive a new Avarrant. The oath of the collector is 
admitted to prove a demand. Any district may offer 
a deduction to those who pay on or before a certain 
time, or impose a jjercentage on those who do not, 
not to exceed the rate of twelve per cent, per annum. 

All property which is exempted from attachment 
by the laws of this State, or of the United States^ 
such as the uniform, arms, ammunition and equip- 
ments of an officer or private in the militia, house- 
hold furniture, family stores, tools, etc., cannot be 
distrained for taxes. 

Owners of real estate sold for taxes may redeem 
within one year after sale, on paying to the purchaser 



348 SCHOOL MANUAL. 

the amount paid therefor, with twentj^ jper cent, in 
addition. 

Any i^erson neglecting to appear "before the asses- 
sor, after notice given, has no remedy. Any tax or 
assessment not appealed from cannot be questioned 
in court afterwards. Provision is made for correct- 
ing errors and re-assessing a tax by application to the 
commissioner. 

All claims for abatement of taxes must be made to 
the district, who alone have authority to make the 
same ; save in cases where the plea is based upon a 
change of boundaries, when an appeal is allowed to 
the committee, or the commissioner. 

[See the forms and notes, and especiall}^ the notes 
to the form of a vote for levying a tax.] 

TEACHERS. 

Every teacher is required to keep a record of all 
the puj)ils attending the school, their sex, names, 
ages, names of i3arents or guardians, the time when 
they enter and leave school, their daily attendance, 
and the dates when the school is visited by any 
school officer. These registers should be furnished 
by the committee, to whom they are sent by the com- 
missioner. From the register the teacher must furn- 
ish the trustees with such information as may be 
necessary to make the returns required by the school 
committee. 

It would be well for the teacher to inform the com- 
mittee of the time of commencing and closing his 
school, in order that they may know Avhen to visit it, 
as the trustee sometimes neglects this duty. 

It is important that the register be correctlj^ kept 



REMARKS RELATING TO PUBLIC INSTRUCTION. 349 

in all its details. Accuracy in all of the statistics is 
of the highest importance, and the teachers are 
especially cautioned to follow carefully the direcj- 
tions to be found in the registers. 

The teacher should assist the trustees, by all the 
means in his power, in making the proper returns, as 
upon their accuracy and fullness may depend the suc- 
cess or failure of many provisions of the law, as well 
as the wisdom of future alterations of it. Full direc- 
tions for making out these returns are to be found on 
all the blanks which are furnished, and these direc- 
tions should be strictly followed. 

The teacher should conform to all regulations of 
the school committee, in regard to hours, studies, dis- 
cipline, text-books, etc., as for any violation of them 
his certificate may be annulled, or he may be dis- 
missed. He may, (if the school committee by regu- 
lation authorize it), suspend a scholar temporaril}^, 
until a hearing can be had before the committee, in 
which case he should immediately notify the com- 
mittee, and the parents or guardian of the child. 

The law fixes no minimum standard of qualifica- 
tions, but it is left for the school committee of each 
town to determine their own standard. Each teacher 
should, however, endeavor to add to his acquire- 
ments, and should realize that all knowledge is valu- 
able and of use in a schoolroom. 

There is no appeal to the commissioner from a re- 
fusal of a committee to grant a certificate. 

Ko member of the committee, or superintendent, 
or trustee, can teach any school, supported wholly or 
in part by the public moneys, in the town where he 
resides. 

If the teacher has a proper sense of the importance 

30 



850 SCHOOL MANUAL. 

of Ms position, and conducts himself according!}^, he 
will secure to himself the affection and respect of the 
people of his district, by exerting his utmost powers 
to promote the moral and intellectual advancement, 
not only of his scholars, but of the communitj^ around 
him. The moral influence he may exert by his ex- 
ample and instructions can hardly be estimated. 
And he ma}^ aid in diffusing much useful informa- 
tion by encouraging lectures and literary meetings. 

Moral instruction should by all means be incul- 
cated by the teacher, but yet so as to avoid all sec- 
tarian comments or bias. 

The rule as laid down in the law of the State of 
Massachusetts, while it points out and inculcates the 
dut}^ of the teacher to give moral instruction, is care- 
fully drawn to avoid giving countenance to any at- 
temjDt to impart sectarian instruction, and may well 
be followed in this commonwealth. 

" It shall be the duty of the teachers to use their 
best endeavors to impress upon the minds of the 
youth committed to their care and instruction, the 
principles of piety, justice, and a sacred regard to 
truth, love to their country, humanity and universal 
benevolence, sobrietj^, industrj^, frugality, chastity, 
moderation, temperance, and those other virtues 
which are the ornament of human society and the 
basis upon which a republican constitution is 
founded; and they shall endeavor to lead their pu- 
pils, as their ages and capacities will allow, into a 
clear understanding of the tendencies of these virtues 
to ]3reserve and perfect a republican constitution, 
and secure the blessings of liberty, as well as to pro- 



EEMARKS EELATING TO PUBLIC INSTRUCTION. 351 

mote their o>Yn happiness ; and also to point out to 
them the evil tendenc}^ of the opposite vices." 

Reading the Bible and praying in schools. The 
Constitution and laws of the State give no power to a 
school committee, nor is there any authoritj^ in the 
State, by which the reading of the Bible or praying 
in school, either at the opening or at the close, can be 
commanded and enforced. On the other hand, the 
spirit of the Constitution, and the neglect of the law 
to specify any penalty for so opening or closing a 
school, or to appoint or allow any officer to take notice 
of such an act, do as clearly show there can be no 
compulsory exclusion of such reading and praying 
from our public schools. The whole matter must be 
regulated by the consciences of the teachers and 
inhabitants of the district, and by the general consent 
of the community. Statute law and school commit- 
tees' regulations can enforce neither the use nor dis- 
use of such devotional exercises. School committees 
may recommend, but they can go no further. 

It is believed to be the general sentiment of the 
people of Rhode Island that this matter shall be left 
to the conscience of the teacher ; and it is expected 
that if he read the Bible as an opening exercise, he 
shall read such parts as are not controverted or dis- 
puted, but such as are purely or chiefly devotional ; 
and if he pray at the opening of his school, he shall 
be very brief, and conform as nearly to the model of 
the Lord's Prayer as the nature of the case will ad- 
mit. And in all this he is bound to respect the con- 
scientious scruples of the parents of the children be- 
fore him, as he would have his own conscientious 
scruples respected by them in turn; always, of course, 



352 SCHOOL MANUAL. 

taking care that in the means he uses to show his re- 
spect for the consciences of others he does not violate 
the law of his own conscience. 

In regard to the use of the Bible in schools, two 
observations occur here. If the committee prescribe, 
or the teacher wishes, to have the Bible read in 
school, it should not be forced upon any children 
whose parents have any objections whatever to its 
use. In most cases the teacher will have no difficulty 
with the parents on this subject, if he conducts with 
proper kindness and courtesy. In the next place, no 
scholars should be required to read the Bible at 
school until thej^ have learned to read with tolerable 
fluency. To use it as a text-book for the younger 
scholars often has the effect of leading them to look 
upon it with the same sort of careless disregard, and 
sometimes dislike, with w^hich thej^ regard their other 
schoolbooks, instead of that respect and veneration 
with which this book of books should always be 
treated and spoken of. 

In the last part of this manual will be found cer- 
tain forms of praj^er, wiiich are given simply as a 
guide to those who wish to use this service and as an 
indication of that form which would be generally ac- 
ceptable to an3^ community. These jjarticular forms 
are those allowed by law to be used in the public 
schools of Canada, and are both comprehensive in 
their scope and appropriate in their diction. 

Power to pwnis/i. The teacher should maintain a 
careful supervision over the conduct of his pupils at 
all times when thej^ are upon the school premises. 
Recesses and the brief periods at the beginning and 
close of school, when the children are mingling to- 



EEMARKS EELATING TO PUBLIC INSTEUCTION. 353 

gether in the school j-ard, are times above all others 
when the watchful eye of the teacher should be on 
the alert. The conduct of pujDils on their waj^ to and 
from school should also not escape tlie notice of the 
teacher, though the extent of the teacher's authority 
to enforce obedience in such circumstances is much 
more restricted than in cases occurring on the school 
premises. 

This question of the extent of the teacher's author- 
ity has been very widely discussed, and has been the 
subject of many controversies and judicial decisions 
in various states ; and while it is impossible to lay 
down a rule which shall cover all cases, the general 
principles have been quite well defined, and were 
very clearly set forth in a recent case in the Supreme 
€ourt of this State where a teacher was sued for 
damages on account of unlawful and excessive 
punishment. The court, Mr. Justice Tillinghast pre- 
siding, instructed the jury substantially as follows: 

An assault and battery is any unlawful physical 
force used against the person of another. It matters 
not how slight or how great the force, so that it be 
unlawful and wrongful, it is an assault and battery. 
This defendant is charged with the use of such force 
against the person of the plaintiff. She admits that 
she did use physical force against him— that she did 
punish him with the instrument which she has pro- 
duced before you, — so that, the force being admitted, 
the first and principal question for you to determine 
is whether it was unlawful or wrongful. If so, she is 
guilty as charged. If not, she is not guilty. 

The defendant justifies her conduct, or seeks to 
j astify it, on the ground that she was a teacher in a 

30* 



354 SCHOOL MANUAL. 

public school ; that this plaintiff was a pupil under 
her charge ; that the only force she used was the 
infliction of such reasonable and judicious bodily 
punishment as she lawfully might inflict for the dis- 
obedience and misconduct of the iDupil. That a 
teacher of a i3ublic school has the right to inflict 
corporal punishment upon a pupil, for sufficient 
cause, is not disputed. He stands, practically, for 
the time being, in place of the parent, and may law- 
fully and properly inflict such punishment as maj^ 
be reasonable and necessary to compel obedience and 
a due regard for the well-ordering and good govern- 
ment of the school. 

Judge Blackstone says, "The master is in loco 
2?are7itis, and has such a portion of the powers of the 
parent committed to his charge as may be necessary 
to answer the purposes for which he is employed." 

Punishment of this sort should, however, be ad- 
ministered with special care and prudence, and 
always with temperate zeal and moderation. If in 
any case the i3unishment is clearly excessive, it then 
becomes unjustifiable, and the teacher is liable. 

It being admitted then, that the teacher has the 
right to punish his puj^il for acts of misbehavior com- 
mitted in school, we will enquire as to his right to 
punish for such acts committed before the school was 
commenced, or after it was dismissed. Upon this 
point there is some difference of opinion in the com- 
munit}^, but the law seems to be well settled, and is 
this: — that for such misbehavior out of school as has 
a direct and immediate tendency to injure the school, 
to subvert the master's authority, and to beget disor- 
der and insubordination, the teacher may inflict cor- 
poral punishment. "It is not misbehavior generally," 



KEMAEKS RELATING TO PUBLIC INSTRUCTION. 355 

saj^s Aldis J., "or towards other persons, or even to- 
Avarcls the master in matters in no waj^s connected 
with or affecting the schooL For as to such matters, 
committed by the child after his return home from 
school the i^arents, and they alone, have the power of 
punishment." But where the offence has a direct 
and immediate tendency to injure the school and 
bring the teacher's authority into contempt, as in this 
case, when done in the presence of other scholars and 
of the teacher, and with a design to insult her, she 
has the right to punish the scholar for such acts, if 
he comes again to school. 

"The misbehavior," says the same judge, "must 
not have merely a remote and indirect tendency to 
injure the school. All improper conduct or language 
may perhaps have, by influence and example, a re- 
mote tendency of that kind. But the tendency of 
the acts so done out of the teacher's supervision, for 
which he may punish, must be direct and immediate 
in their bearing upon the welfare of the school, or 
the authority of the teacher or respect due him. 

"Cases may readily be supposed which lie very near 
the line, and it will often be difficult to distinguish 
between the acts which have such an immediate, and 
those which have such a remote, tendency. Hence 
each case must be determined by its peculiar circum- 
stances. 

"Acts done to deface or injure the schoolroom, to 
destroy the books of scholars, or the books or appar- 
atus for instruction, or the instruments of punish- 
ment of the master; language used to other scholars 
to stir up disorder and insubordination, or to heap 
odium and disgrace upon the master; writings and 
pictures placed so as to suggest evil and corrupt 



356 SCHOOL MANUAL. 

language, images and thoughts to the youth who 
must frequent the school; all such or similar acts 
tend directly to impair the usefulness of the school, 
the welfare of the scholars, and the authority of the 
master. By common consent and by the universal 
custom in our New England schools, the master has 
always been deemed to have the right to punish such 
offences. 

" Such power is essential to the preservation of 
order, decency, decorum, and good government in 
■schools." 

Of course any direct personal insult or indignity 
to the teacher, as snowballing her, stoning her, and 
other like conduct out of school would come within 
the same rule. The reasonable exercise of the 
teacher's authority over her pupils both in and out 
of school, as to those things which pertain directly 
to the well-being of the school, must be uf)held and 
sustained, or our public school system will prove 
worse than a failure. 

If you find, therefore, that the punishment inflicted 
by the defendant in this case was either for miscon- 
duct committed in school, or out of school, under 
-such circumstances as I have described to you and 
that it was not clearly excessive nnder the circum- 
stances of the case, then the justification set up by 
defendant is made out, and you will find a verdict 
of not guiltj^ If you find that the punishment was 
wrongfully inflicted, or excessive, then you will find a 
verdict of guilty and assess such damages in favor of 
the xDlaintiff as you think him fairly entitled to. 

The jury returned a verdict of Not Guilty. 

The teacher should remember that while the law 



EEMAKKS EELATING TO PUBLIC INSTEUCTION. 357 

holds him responsible for his acts in the schoolroom, 
it also protects him while therein emploj^ed from all 
external or unofficial interference. Ko private per- 
son has an}^ right, in 8.nj circumstances, to enter a 
schoolroom in school hours to make anj^ complaint or 
to disturb the school in any w^y. The statute law 
provides a specific penalty for such an offence. 

APPEALS. 

The law has wisely provided a cheap and efficient 
mode of settling all disputes arising under the school 
law. It w^as intended to save the expense of litiga- 
tion to districts and individuals, and it is believed 
that it has already had the effect of saving a great 
expenditure of money in this way, as well as effect- 
ing a more speedy settlement of difficulties, Avhich, if 
continued, would interrupt, the harmony of the dis- 
tricts and injure the schools. An appeal may be 
taken to the commissioner [see the forms], and he 
will hear the parties wdthout cost, and his decision is 
to be final as to the facts or merits of the case. When 
questions of law arise, provision is made for laying 
them before one of the judges of the Supreme Court, 
but the judges will not examine or hear the parties 
upon the facts of the case. When a case is submit- 
ted to one of the judges, it has been decided that the 
commissioner must make a statement of the facts as 
he finds them to be established by the evidence, and 
that this statement is to be submitted, and not the 
evidence itself. 

Any party neglecting to appeal from a vote to tax, 
or an assessment of a tax, cannot question it after- 
wards, provided the meeting was legally notified, and 
the tax approved, etc. 



358 SCHOOL MANUAL. 

It has been settled that an appeal brings the whole 
question np, and the commissioner in many cases is 
not confined to confirming or reversing the proceed- 
ings appealed from, but may make a new decision. 

All appeals, however, should be taken within a 
reasonable time, and before any contract is made, or 
liability incurred, under the vote or act api:)ealed 
from. If the appeal is not made within such a 
reasonable time, that circumstance alone will be suf- 
ficient reason for dismissing it. And no appeal will 
be entertained unless made by the party aggrieved. 

Written notice of the appeal should always be 
sent to the partj^ whose action is appealed from, or to 
the officer whose title is questioned, and this notice 
should include a copy of the appeal itself, or of the 
reasons therein contained. 

EDUCATION OF THE DEPENDENT AND DEFECTIVE 

CLASSES. 

This State makes special provision for these un- 
fortunate children. For the dependent children, i. e., 
those having no home and dependent on public char- 
ity, she has provided the State Home and School, 
which is located upon a large farm about three miles 
from the centre of the city. It is under the care of a 
board of seven persons, four of whom are to be men, 
and three, women. 

The aim is indicated by the name, — to provide a 
home for the children, together with such training 
and education as shall fit them to become self-respect- 
ing, self-supporting men and women. 

The eeneral care of the education of the defective 



KEMARKS RELATING TO PUBLIC INSTRUCTION. 359 

classes is placed in the hands of the State Board of 
Education, upon whose recommendation children are 
appointed by the governor as State beneficiaries at 
any institution selected b}^ the Board. The policy 
of the State with reference to these unfortunates is 
very liberal, and it is of great importance that the 
school officers and others should take pains to see 
that cases of blind and feeble-minded children are 
brought to the attention of the Board, in order that 
their education may be secured. 

For the education of the deaf the State has estab- 
lished a boarding, or home, school, called the R. I. 
Institute for the Deaf, which is situated in the citj^ 
of Providence. It is thoroughly equipped with new 
buildings and the best appliances for its work. The 
oral method of instruction is pursued exclusively, 
hence it is of great importance that the child should 
be placed there at an early age, or soon after the loss 
of hearing. 

The school is under the care and direction of a 
board of six men and three women, together with the 
governor and lieutenant-governor, ex-officiis. 

LIBRARIES. 

Towns and districts are both authorized to main- 
tain school libraries, and a slight annual expenditure 
added to the State aid for the supply of school ai3- 
paratus would soon suffice to equixD every school 
with a good working librar}^, than which no better 
educational power exists. In towns where there is. 
no public library and where the population is so- 
scattered as to preclude the maintenance of one cen- 



360 SCHOOL MANUAL. 

tral library, such school libraries should be estab- 
lished without fail, and maintained at a high degree 
of efficiency. 

In addition to these school libraries, towns are 
authorized to establish and maintain free public 
libraries, and several of the towns have such libra- 
ries alread}^ established. In a large number of other 
towns there are free libraries, but they are controlled 
by associations, either chartered directly by the Gen- 
eral Assembl}^, or organized under the general law 
relating to "Voluntary Associations." The State 
Board of Education is authorized to grant aid from 
the State treasury to all such free public libraries. 
The main condition is that the use of the library 
shall be entirely free to all the citizens, subject only 
to such rules as are necessary for the proper care of 
the property. This aid cannot be given until the 
library has attained to the size of five hundred vol- 
umes. The amount of aid is limited to Mty dollars 
annually for the first five hundred volumes, and 
twentj^-five dollars additional for each subsequent 
five hundred. This increase is, however, optional 
with the Board of Education. The Board are au- 
thorized to make rules and regulations for the gov- 
ernment of these libraries. CoiDies of these rules 
can be had alwaj^s on application to the commis- 
sioner. 

If possible it is desirable to establish these libra- 
ries upon a permanent basis, and that is best secured 
b}^ making them town institutions, and special atten- 
tion is called to chapter 43 of the General Laws. Pro- 
vision is thereby made for their constant care and 
protection and the general public is more thoroughly 
interested in them. It often happens, however, that 



KEMAKKS EELATINa TO PUBLIC INSTEUCTION. 361 

the first inception of such an enterprise must be in 
the minds of a few public spirited persons, and in 
that case they should associate themselves together. 
An outline of the necessary articles for such an as- 
sociation will be found among the "Forms." 



31 



362 SCHOOL MANUAL. 



FORMS. 



These forms have been prepared in order to assist 
those who may be disposed to undertake any office or 
duty under the schoal laws, to save them expense and 
trouble, and to bring about a uniformity of practice, 
as far as that can be done. These forms, with the 
exception of the oath of office, are not prescribed by 
law, but are believed to conform substantially to the 
law, and to be safe precedents. 



1. Warrant or Certificate of Election of School 

Officers. 

To of greeting: 

This certifies that you, the said . were at a 
meeting of the town of [or of 

of school district No. of the town of ], held 

on the day of A. D. 18 , chosen to 

the office of of said town [or district], and 

are by virtue of said appointment fully authorized 
and empowered to discharge all the duties of said 
office, and to exercise all the powers thereto belong- 
ing, according to law. 

[l. s.] Witness my hand, and the seal of said town 
[or district] hereto affixed by me, this 

day of A. D. 18 . 



rOEMS KELATIXG TO PUBLIC IXSTEUCTION. 363 

2. Form of Oath to he taken hy all School Officers. 

I, [naviing the 'person] do solemnly swear {or 
affirm) that I will faithfully and impartially discharge 
the duties of the office of ^naming the office] accord- 
ing to the best of my abilities, and that I will sup- 
port the constitution and laws of this State and the 
constitution of the United States, so help me God; 
{or, This affirmation I make and give ui)on the peril 
of the penalty of perjury). 



3. Certificate of Engagement of School Officers. 

Town of A. D. 18 

I hereby certify that personally appeared 

before me and took an oath to support the constitu- 
tion of the United States, the constitution and laws 
of this State, and faithfully to discharge the duties 
of the office of school committee [or clerk, trustee, 
treasurer of school district N'o. , as the case may 
he] so long as he continues therein. 

A. B., Justice of the Peace, 
or Notary, as the case may he. 



Jf. Form for Annulling a Certificate. 

To the trustees of school districts in the town of 
and all others whom it may concern: 

Whereas, the school committee of this town did, on 
the day of A. D. 18 issue to of 



364 SCHOOL MANUAL. 

a certificate of qualification as a teacher in the 
IDublic schools: Now, know ye, that upon further ex- 
amination, investigation and trial, the said has 
been found deficient and unqualified [or the said 
has refused to conform to the regulations made hj 
the committee, as the case may he], and we do. there- 
fore, by the authority given us by law, declare the 
said certificate to be annulled and void from this 
date, of which all persons whose duty it is to employ 
teachers of public schools are hereby requested to 
take notice. 

By order and in behalf of the school committee of 
the town of 

Date. Chairman or Clerk. 

Note. If a complaint is made against a teacliei% it will be imperative 
that he shall be notified for at least five days before a decision on his case. 
And notice of the annulling should be immediately given to the trustees of 
the district, and generally, in order to prevent his being again employed. 



5. Memorandum of Contract with a Teacher. 

This agreement, made this day of A. D. 

18 between A. B., etc. [trustee, or school com- 
mittee, as the case may he], of on the one part, 
and X. Y., of on the other part, witnesses, that 
the said X. Y. hereby agrees to teach, for the com- 
pensation herein mentioned, the school in and 
for said district [or town], at [specify the huild- 
ing, if desired^, for the term of months [or 
weeks] commencing and ending and the 
said X. Y. further engages to exert the utmost of his 
ability in conducting said school, and improving the 
education and morals of the scholars ; to keep such 



FOKMS RELATING TO PUBLIC INSTRUCTION. 365 

registers and make sacli returns to the trustees and 
to the school committee as may be required of him, 
and in all respects to conform to all such regulations 
for the government of said school as may be made by 
the school committee of said towu, and to the pro- 
visions of the laws regulating public schools. And 
in case the certificate of qualification of said X. Y. 
should be annulled, or if he shall not keep the regis- 
ter and make return, as aforesaid, or should violate 
such regulations as aforesaid, this agreement from 
thenceforth shall be of no eifect. And the said [com- 
mittee, trustee or agent] agree to pay the said X. Y. 
therefor at the rate of per month [or per week], 

to be paid at the end of each month [or term] out of 
the school money by law apjDropriated to said dis- 
trict, and the legal assessments which may be made, 
and in no event out of the private property of the 
contractor. And it is further agreed, that the pos- 
session of the schoolhouse and its appurtenances shall 
at all times be considered as being in the trustees 
[or school committee]. 

[l. s.] Witness our hands and seals hereto, the day 
first above mentioned. 



Sealed and executed 
in presence of 



6. Notice of a Meeeting of a District called by the 
School Committee. 

Notice is hereby given that there will be a meeting 
of the legal voters of school district 'No. in the 

31* 



366 SCHOOL MANUAL. 

town of at the schoolhouse in said district 

[if no schoolhouse, then the school commiUee must 
appoint a place], at o'clock P. M., on 

the day of A. D. 18 for the purpose 

of organizing said district, of electing officers for said 
district for the ensuing year, of considering the ex- 
pediency of building [or repairing] the schoolhouse 
in said district, and laying a tax on the ratable prop- 
ert3^ of the district therefor, and of transacting any 
other business which may lawfully come before said 
meeting. 

By order and in behalf of the school committee of 
said town. 

Date. Chairman, or Clerk. 



7. Notice of Annual District Meeting. 

To the legal voters of school district No. of the 
town of . The annual meeting of for the 

choice of officers and the transaction of any other 
business which may lawfully come before it, will be 
held at on the day of A. D. 18 

at o'clock P. M. 

Date. 

Trustee or Trustees. 



8. Notice of Special Meeting. 

A Special meeting of the legal voters of school dis- 
trict No. in the town of will be held at 
the district schoolhouse, on the day of 



FOEMS RELATING TO PUBLIC INSTRUCTION. 367 

A. D. 18 at o'clock P. M., for the purpose 

of [here insert every object that is to he hrought he- 
fore the meeting^ 

(Signed) A. B., Trustee. 

Note. All notices of district meetings must be posted in two or more 
public places, or puiblished in some newspaper, for at least five days before 
the meeting. That is, a notice for a meeting on a Saturday must be posted 
the preceding Monday. If called by the trustees at the request of five 
qualified voters, the notice should be posted within two days from the time 
the request was made. Care should always be taken to preserve evidence 
of the proper notification of the meeting. Every notice should be dated, 
and signed only by the committee, trustee, or clerk. 



9. Form of Request to he 'made hy five Legal Voters 

of a School District to the Trustees for the 

calling of a Special Meeeting. 

To the Trustees of School District jVo. 

The undersigned, legal voters of school district No. 
of the town of request you, in pursuance 

of the school law, to call a special meeting of said 
district, for the purpose of 

Dated this day of A. D. 18 

(Signed) 



10. Conitnencement of District Records. 

For first vieeting. At a meeting of the legal voters 
of school district N"o. of the town of called 

by the school committee of said town, and duly noti- 
fied as the law requires [here m some cases it may he 
advisahle to stcde ijarticularly how the notice luas 
given], and held according to notice at the district 



368 SCHOOL MANUAL. 

schoolhoiise [or as the case may he], on the day 

of A. D. 18 at o'clock P. M. 

For annual meeting. At the annual meeting of the 
legal voters of school district No. of the town 

of duly notified by the trustees of said district 

as the law requires \in some cases specify as above], 
and held according to notice at the district school- 
house [or as may 5e], on the day of A. T>. 
18 at o'clock P. M. 

For special meeting. At a special meeting of the 
legal voters of school district No. of the town of 

held (or in pursuance of an application to the 
trustees) at on , which meeting was duly 

notified by the trustees of said district as the law 
requires: 

For adjourned 'meeting. At a meeting of the legal 
voters of school district No. of the town of 
held according to a,djournment (from the day 

of , 18 ,) at on 



11. Records of the Choice of Officers, etc. 

The following-named persons were chosen to the 
offices set against their respective names, viz. : 

C. D., Clerk. A. B., Moderator. 

Or, instead of the above, say — 

Voted, that A. B. be appointed moderator of this 
meeting. 



FOEMS RELATING TO PUBLIC INSTEUCTION. 369 

Voted, that C. D. be appointed clerk [or trustee, 
treasurer, etc.], of this district [or in jDlace of O. P., 
resigned, etc., if such he the case]. 

The clerk then, in presence of the meeting, took 
the oath of office in the form prescribed in chapter 25, 
section 5, of the General Laws, administered by E. 
F., Esq., moderator [or notavy public, justice of the 
peace, or town clerk, as the case may be]. 

It was moved by A. B., and seconded by C. I)., 
that and after discussion the question was put 

^nd the motion was adopted, (or rejected). 



12. Vote of District to devolve care of School on 
School Committee. 

Voted, (if the school committee of this town con- 
sent thereto and accept thereof), that all the powers 
and duties of this district, and of the trustees thereof, 
relating to keeping xjublic schools in this district be, 
and they are hereby, devolved on said school commit- 
tee, until this district shall choose a new trustee or 
trustees, or shall otherwise legally direct. 

Note. A copy of this vote, with a proper heading, "At a meeting of," 
■etc., attested by the clerk, should be furnished to the committee. 



13. Vote of District to build Schoolhouse. 

Voted, that a schoolhouse be erected at or upon 
for the use of the public schools in this dis- 
trict, and that be a committee to cause the 



■370 SCHOOL MANUAL. 

same to be erected, the said committee first procuring 
the plans and specifications for the building, to be 
approved by the committee of the town, according to 
law, and that the said shall have full power, 

in the name and behalf of the district, to sign, seal 
and execute any contracts which may be necessary 
to carry out this vote, to su]3erintend the execution 
of said contracts, and to do any other matter or thing 
which may be necessary to carry out this vote. 

Note. The location (unless before made) must be made by the school 
•committee. 



IJi-. Form of Contract to huilcl Schoolhouse, 

Articles of agreement made and executed on the 
day of A. D. 18 between A. B., of on 

the one part, and school district No. of the 

town of county of State of on the 

other part. 

The said A. B., for himself, his heirs, executors, and 
administrators, doth hereby covenant and agree with 
the said school district No. and their assigns, that 
he, the said A. B., his heirs, executors, and adminis- 
trators, for the considerations herein expressed, shall 
and will, within the space of months from the 

•date hereof, erect, build, and completely cover over 
and finish ujjon [here describe the lot], and upon 
such spot in said lot as said school district or their 
proper officers may direct, a house, outbuildings, and 
fences, for the purpose of a district schoolhouse and 
appendages, according to plans, elevation, and speci- 
fications more particularly expressed in a schedule 



FOKMS RELATING TO PUBLIC INSTRUCTION. 371 

hereto attached and signed by said parties, and which 
is hereby made part and parcel of this agreement; 
and also shall and will perform and execute all the 
works mentioned in the said plans and specifications,, 
and in the manner therein mentioned, and within the 
time aforesaid; and also shall and will furnish and 
provide at his own charge, good and sufficient mater- 
ials of the sorts and quality expressed in said 
schedule, and all such other materials as may be nec- 
essary for the erecting and fully completing the 
house, outhouses, and fences aforesaid, according to 
the plans and specifications aforesaid. 

And it is further agreed between said parties, that 
if the said A. B., his heirs, executors, or administra- 
tors, shall not, within the space of time above men- 
tioned, finish and complete all said works as afore- 
said, then said school district, or their agent, maj^ go 
on and complete said works, at the cost and charge 
of the said A. B.,his heirs, executors, and adminis- 
trators, and may deduct the same from the compen- 
sation herein agreed to be paid for said buildings and 
works; and the said A. B., his heirs, executors, and 
administrators, shall also be liable for fiuj other 
damages incurred by said district by said failure^ 
and shall also be liable to said district for any dam- 
ages incurred by any other unreasonable delay in 
completing the works aforesaid. 

And the said school district No. doth hereby 
covenant and agree with the said A. B., his heirs,, 
executors, administrators, and assigns, that the said 
school district shall and will paj^ to the said A. B.^ 
his executors, administrators, or assigns, the sum of 
dollars, as full compensation for his servicer 
in building and completing said works ; said sum ta 



372 SCHOOL MANUAL. 

be paid within days after the completion of 

said works, as aforesaid, {or^ in case that the vioney 
is to he paid in installments, specify the times and 
amounts and conditions). 

And it is further agreed, that if said school district 
or their agents shall direct any more work to be done 
upon or around said buildings than is hereinbefore 
agreed, the said district shall pay the expense there- 
of, in addition to the compensation aforesaid. And 
if said district or their agents shall direct any part of 
the work hereinbefore agreed to be done and expressed 
in said schedule to be omitted or diminished, then 
there shall be deducted from said compensation a rea- 
sonable sum, according to the projDortion said work 
omitted may bear to the work herein first agreed to 
be done. And said district or their proper agents 
shall have a right to direct any additions or omissions 
as aforesaid, and the party of the other part shall be 
bound to comply with and perform the said directions. 

[Clause to refer to arbitration.^ 

And lastly, it is hereby agreed between the parties 
aforesaid, that if any dispute shall hapiDcn between 
the said district or its agents, and the said A. B,, his 
heirs, executors, administrators, or assigns, in rela- 
tion to the buildings herein agreed to be erected, 
work to be done, the ]3ayment of the monej^ or con- 
cerning the value and expense of any work directed 
to be added or omitted as hereinbefore mentioned, or 
concerning any other matter or thing whatever, re- 
lating to the construction of this agreement, or the 
amount of any damages claimed by either party 
under its provisions, or for any alleged violation 



FORMS RELATING TO PUBLIC INSTEUCTION. 373 

thereof, then in such case such dispute shall, upon 
the demand of either party, be left to the award and 
determination of three indifferent persons, one to be 
appointed in writing by each of said parties, immedi- 
ately thereafter, and a third to be appointed in writ- 
ing by the two persons so first named. And the said 
parties herebj" covenant and agree with each other, 
that they will severally abide by, perform, and keep 
the award and determination of the said three persons, 
or any two of them, touching said disputes, provided 
said award be made under the hands and seals of 
said arbitrators or any two of them, within 
from the time of said reference. 

In testimony whereof, the said A. B. hath hereto 
set his hand and seal, and said school district 
No. have hereto affixed their seal b}^ the 

hand [or hands] of duly authorized for 

that purpose, who hath [o?^ have] hereto also set 
his [or their] own hand [or hands.] 

A. B. [L. s.] 

Names of committee or agents, [l. s.] 

Sealed and delivered 
in iDresence of [l. s.] 

Note. If the district wishes a surety for the performance of a contract 
of A. B., it may be taken by a bond, conditioned for the performance by A . 
B. of the covenants and agreements in an instrument dated [and 

then briefly describe it.] 



15. Record of a Vote of District to Tax. 

At the annual meeting of the legal voters of school 
district No of the town of held at 

on according to legal notice issued and signed 

32 



374 SCHOOL MANUAL. 

by and posted up at for the five days 

previous required by law [or, at a special meeting 
of, etc., called by, etc.] 

Whereas, this district has voted to build a school- 
house in and for said district [or, to repair the dis- 
trict sehoolhouse, or ivliatever the cause may he], 

Voted, that for the purpose of defraying the ex- 
pense thereof, a tax of the sum of dollars [or of 
cents on the hundred dollars] be assessed upon, 
levied, and collected from the ratable property in this 
district, in manner provided hy law, [or, according to 
the estimate, apportionment, and value which shall 
be affixed to said ratable estates in the assessment 
and tax bill of this town which shall next be com- 
pleted after the date of this vote]. 

Note. The above form is a proper one to submit to the committee for 
their approval. It should be signed by the clerk of the district. 

In case nothing is said about valuation, the law directs the tax to be 
assessed on the last previous town valuation. If, however, the district 
wishes it assessed on the next valuation, it can be done by including the 
last clause. 

Cautions for district msetings ahont to assess a tax. 

If there is any doubt about the boundaries of the district, have them de- 
fined by the committee. 

Have the meeting notified for the proper length of time, the notices put 
up as required, and, if the meeting is a special one, let the notice express 
clearly the object of the meeting, and evidence of the notice should be 
preserved. 

See that only taxpayers vote on the proposition. 

Have all the officers properly engaged. Specify the amount or rate of 
tax, and when to be collected. 

The district may give the collection to the regular collector, if there be 
one, or, if there be none, may appoint a collector, or may vote to have it 
collected by the town collector. 

The district need not, but may, require bonds of the collector or treas- 
urer ; if they do they should fix the sum and approve the sareties. 

They should agree with the collector for his fees, otherwise he will be en- 
titled to five per cent. 

They may offer a deduction to those who pay on or before a specified 



FOKMS EELATING TO PUBLIC INSTKUCTION. 375 

time, and may impose a percentage on those who do not pay wutil after 
such time. 

The location of the house, the plan of the house or repairs, and the 
amount of the tax, must all be approved by the school commitee before a 
tax therefor is collectible. 



16. Form of a Tax Bill. 

Assessment of the taxes upon the ratable estates in 

school district No. of the town of made by the 

trustees thereof, according to law, this day of 

A. D. 18 according to a vote of said district, 

passed on the day of A. D. 18 



Names. I Real. 



Personal. 



Total. 



Tax. 



Note. The trustees must sign the tax bill. The real and personal lists 
must be kept separate. If the town assessors are applied to, they should 
make a certificate of their doings to the trustees, and it would be well for 
them to attach this certificate, or a copy of it, to the tax bill or assessment. 



17. Warrant to Collect a Tax. 

To A. B., collector of taxes of school district No. 
of the town of county of and State of 

Rhode Island and Providence Plantations : — 

Greeting. 

You, having been aijpointed collector of taxes for 
said district, are hereby, in the name of said State, 
authorized and required to proceed and collect the 
tax specified in the annexed rate bill, according to 
law, and to paj^ the same to the treasurer of the dis- 



376 SCHOOL MANUAL. 

trict, or to his successor in office, and for so doing 
this shall be your sufficient warrant. 

Given under my hand and seal, at this 

day of A. D. 18 

C. D. [L. s.] 

Trustee of school district No. 
Town of 

Note. The trustee must issue and sign this warrant in addition to the 
tax bill as above. The collector should also receive from the district clerk 
a warrant or formal certificate of election, which may be in substance 
according to the form No. 1, and then his engagement can be certified upon 
the back. 

If a bond is required the district should approve the sum and sureties of 
the bond, and the clerk should certify the fact thereon. 

If the town collector is appointed to collect the tax, the above will need 
to be changed in the first line by striking out the words "of school district 
No. " and in the fourth line by striking out the words "for said district" 
and inserting the words "by school district No. of said town." 



18. District Treasurer's Bond. 

Know all men, that we, A. B,, of county of 

and State of Rhode Island and Providence 
Plantations, as iDrincipal, and C. D., of county 

of and State aforesaid, as surety [or sureties 

to the satisfaction of the district]^ are firmly held and 
bound unto the school district No. of the town 
of said State aforesaid, in the full sum of \to he 

fixed hy the district] to be paid to the said school dis- 
trict or their assigns, to which we hereby jointly and 
severall}^ bind ourselves, our several and respective 
heirs, executors^ and administrators. 

Sealed and dated the day of A. D. 18 

The condition of the foregoing obligation is, that 
whereas the said A. B. was, at a meeting of said 



FORMS RELATING TO PUBLIC INSTRUCTION. 377 

scliool district, holden , appointed treasurer of 

said district. Now, if he shall faithfully discharge 
the duties of said office during his continuance therein, 
and, at the expiration of his office, he or his executors 
or administrators shall exhibit a true account, if re- 
quired, and deliver over to his successor, or the order 
of the district, all books, papers, and moneys belong- 
ing to the district, in his hands, then the above obli- 
gation is to be void, otherwise to remain in force. 

Executed in presence of 
Witness. A. B. [l. s.] 

C. D. [L. s.] 

Note. It may be advisable for tlie treasurer to receive a formal certifi- 
cate of appointment, or warrant, and then his engagement can be endorsed 
upon it. The above bond need not be given unless the district require it. 



19. District Collector's Bond. 

Know all men, that we, A. B., of State of 

Rhode Island and Providence Plantations, as princi- 
pal, and C. D., of as surety {or sureties), are 
firmly held and bound unto E. F., of , treasurer 
of school district No. in the town and State 
aforesaid, in the full sum of \to he fixed hy the dis- 
trict, not exceeding double the tax] to be paid to 
said his successors in said office, or assigns, 
to which we jointly bind ourselves, our several and re- 
spective heirs, executors, and administrators. 
Sealed and dated this day of A. D. 18 
The condition of this obligation is, that whereas 
the said A. B. was, at a meeting of the legal voters of 
school district 'No. of the town of appointed 
collector of the rates and taxes assessed and to be 

32* 



378 SCHOOL MANUAL. 

assessed in, b}^, and upon said district, and the said 

A. B. has accepted said office ; and whereas said dis- 
trict on the day of A. D. 18 voted that 
a tax of be assessed on all the ratable property 
in said district, for the pur^DOse of and said tax 
has been legally assessed, and the trustee of said dis- 
trict hath issued his warrant to said collector, with 
said rate bill annexed, for the collection of said tax, 
the receipt of which said rate bill and warrant is 
hereby acknowledged, and by which said warrant 
said tax is to be collected and paid over, on or before 
the day of A. D. 18 Now if the said A. 

B. shall faithfully perforin and discharge said office 
and trust, and with diligence and fidelitj^ levy and 
collect, as far as may be done, all the taxes that have 
been, or may be, so committed to him for collection, 
during his continuance in office, and he, his heirs, exe- 
cutors, or administrators shall, at all times on proi^er 
demand, render an account and pay over all the pro- 
ceeds of such collections to the treasurer of said dis- 
trict, or his successors in office, according to the di- 
rections contained in the warrants for their collection, 
then this obligation is to be void, otherwise to remain 
in force. 

Executed in presence of 

Witness. A. B. [l. s.] 

C. D. [l. s.] 

Note. The district collector need not give bond unless required, but the 
law requires the town collector to give a bond satisfactory to the t^chool 
committee. The above form can be readily changed so as to render it suita- 
ble in case of the town collector. 



FOEMS RELATING TO PUBLIC INSTRUCTION. 379 



20. Form of Tax Collector's Deed. 

To all to whom these presents may come. I, A. B., 
of county of and State of Rhode Island 

and Providence Plantations, collector of taxes of 
school district ISTo. in said town, send greet- 

ing :— 

Whereas said school district No. at a meet- 

ing duly notified, and held on the day of 

A. D. 18 voted that a tax of dollars be as- 

sessed on the ratable property in said district, for the 
purpose of and said tax was afterwards, viz.: 

on the day of A. D. 18 assessed accord- 

ing to law, and the tax bill in due form delivered to 
me the said collector, with a warrant attached there- 
to, signed, by the trustees of said district, requiring 
me to proceed according to law and collect the said 
tax, and pay over the same to the treasurer of the 
district, or to his successor in office, and whereas C. 
D., of neglected to pay the tax assessed against 

him, and exiDressed in the said tax bill, amounting to 
the sum of dollars, and in consequence thereof, 

I did on the day of levy said warrant upon 

a certain lot or tract of land belonging to said C. D., 
in said district, and did advertise the same for sale 
according to law, at two [or more] public places in 
said town, for twenty day i)revious to sale [and also 
in the newspaijer jDrinted in ], and on the 

day of A. D. 18 at o'clock in the 

noon, on the premises, being the time and 
place ax^pointed, I proceeded to sell at auction so 
much of said land as was necessary to satisfy said 



380 SCHOOL MANUAL. 

tax and the incidental expenses, and E. F., of 
was the highest bidder therefor. 

Now, know ye, that in consideration of the sum of 
dollars, being the amount of said tax and ex- 
penses paid me by the said E. F., I, the said collector, 
do hereby give, grant, bargain, sell and convey unto 
the said E. F., his heirs and assigns, all the right, 
title and interest which said C. D. had at the time of 
assessing said tax, in and to the following described 
tract of land, situated in tlie district and town afore- 
said, containing acres [more or less], and bounded 
]_describe,'] or however otherwise bounded, with all 
[buildings] and appurtenances, being so much of said 
land of the said C. D. levied on as was necessary to 
satisfy said tax and expenses ; to have and to hold 
the same to said E. F., his heirs and assigns forever, 
subject to the right of redemption provided by law. 
And I, the said A. B., for myself, mj heirs, execu- 
tors, and administrators, do covenant with said E. F., 
his heirs and assigns, that I [have given bond and] 
have advertised said property as hereinbefore stated, 
and have complied with the terms of the law regulat- 
ing the collecting of taxes, in respect to said sale, as 
hereinbefore stated. 

Witness my hand and seal, this day of 

A. D. 18 

A. B. [L. s.] 

Signed, sealed, and delivered 
in presence of 

Town of, etc., A. D. 18 Before me, the sub- 

scriber, apiDcared A, B., collector of taxes of school 
district No. of the town of and acknowl- 



FORMS RELATINa TO PUBLIC INSTRUCTION. 381 

edged the foregoing to be his free act and deed, and 
his hand and seal to be thereunto affixed. 

O. P. 
Justice of the Peace, Notary Public, or Town Clerk. 

Note. In case where town collector acts, the only change in the above 
will be in the third line, by dropping the words " of school district No. " 
In case of unimproved lands owned by persons out of the State, and also of 
improved lands when neither the owner nor occupant lives in the State, 
notice of the sale must be given twenty days in a newspaper. The pur- 
chaser under a tax collector's deed should see that the law has been com- 
plied with, and that his evidence of advertising is preserved. 



21. Form of a Lease. 

These articles of agreement made this day of 

A. D. 18 witness that A. B., of doth 

hereby demise and let unto tlie school district No. 
of the town of [describe the room or huilding] with 
the appurtenances, in consideration of the rents and 
covenants by said school district herein mentioned 
to be performed, to have and hold the same to the 
said school district and their assigns for the space 
of yeai', commencing on the day of 

A. T>. 18 and ending on the day of 

A. D. 18 for the purpose of keeping a district 
school therein, and holding such schools or lectures 
or other literaiy meetings, or meetings of business, 
as the school committee or the officers of said dis- 
trict may deem advisable for promoting the cause of 
education. And the said district agrees to pay there- 
for the sum of per annum as rent, and at that 
rate for any less time than a year, the payment to be 
made to the said A. B., his heirs or assigns, at his 
residence, on the last day of the year [or on the last 



382 SCHOOL MANUAL. 

day of each year in the term], without any notice 
or demand therefor {provisions about rejKiij's, loss by 
fire, etc., may be liere inserted]. 

Witness the hand and seal of said A. B., and the 
seal of the said district hereto affixed b}^ , by 

said district duly authorized, the day and year first 
^bove mentioned. 

Sealed and executed 
in presence of 

[L- S.] 

[L. S.] 



22. Vote to talce a Lease. 



The district may authorize a person to execute a 
lease for them bj^ a vote as follows: 

Voted, that the trustees of tlie district [or treas- 
urer] be and they are herebj^ f^iHy empowered to 
hire for the purposes of a schoolhouse for the dis- 
trict [here specify the building, and fix the time and 
conditions or leave them cd discretion^, and to make 
and execute the necessary contracts therefor, and to 
seal, deliver, and acknowledge the same in the name 
^nd behalf of the district. 

Note. If the above lease is to be acknowledgred, see the form of ac- 
knowledgment to No. 26. 

A certified copy of the above vote should be given by the district clerk to 
the person authorized to take the lease. 



FORMS RELATING TO PUBLIC INSTRUCTION. 383" 



23. Deed to a School District. 

Know all men, that I, A. B., of in the State of 

Rhode Island and Providence Plantations, in con- 
sideration of the sum of iDaid me by CD.,, 
treasurer of school district Xo. in the town of 
and State aforesaid, the receipt of which I acknowl- 
edge, and am therewith fully satisfied and paid \if a 
gift, say, in consideration of my desire to aid and as- 
sist in diffusing the benefits of a good common 
school education among the inhabitants of school 
district Xo. etc., as the grantor pleases~] do herebj' 
give, grant, enfeoff, convey, and confirm unto said 
school district and their assigns, a certain lot of land 
situated in said town of [describe'] or however 
otherwise bounded, with all the appurtenances and 
privileges thereto belonging, to have and to hold the 
same forever to said school district and their assigns,. 
[but if there is a desire to prevent the lot ever being 
used for any other purpose, omit assigns and say, for 
the purpose of maintaining thereon a district school- 
house and its appurtenances, for the benefit of the 
district school of said district, and for no other use or 
purpose whatever]. And I, the said A. B., do hereby 
for mj'self, my heirs, executors, and administrators,, 
covenant and engage to and with said school district 
[and their assigns] that the premises are free of all 
incumbrances, and I have good right to sell and 
convej^ as aforesaid, and that I, my heirs, executors,, 
and administrators shall and will forever warrant, 
secure, and defend the premises to said school dis- 
trict [and their assigns or to and for the jiurpose 
aforesaid], against the lawful claims of all persons 



384 SCHOOL MANUAL. 

whatsoever. And I, E. F. wife of the said A. B., for 
the consideration paid my said husband, hereby re- 
lease unto said school district [and their assigns] 
all my right of dower in the premises. \_If the prem- 
ises are under mortgage, a release may he here in- 
serted.'] And I, G. H., of in consideration of 
the sum of paid to me by to my full satis- 
faction, do hereby give, grant, bargain, sell, assign, 
and convey unto said school district [and their 
assigns], all the right, title, and interest which I 
have in the premises by virtue of any mortgage deed 
thereof [or of any other claim or title whatsoever.] 
In witness whereof we have hereunto set our hands 
and seals this day of A. D. 18 

[L. S.] 

[L-S.] 

[L. S.] 

Signed, sealed, and delivered 
in presence of 

State of county of town of A. D. 

18 This daj^ personally appeared before me 
and acknowledged the foregoing instrument to be 
voluntary act and deed and hand and 

seal to be thereunto affixed. 

Before me, O. P., Justice of the Peace, Notary Pub- 
lic, or Town Clerk {if executed in Rhode Island). 

Note. If the land belongs to a married woman, her name should be in- 
serted as one of the grantors, and the deed altered accordingly. She must 
acknowledge separately from her husband. Use the words of the law in 
the certificate of acknowledgment. See General Laws. 



FORMS RELATING TO PUBLIC INSTRUCTION. 885 

2Jf.. Vote appointing an Agent to sell land belonging 

to the District. 

At a meeting of the legal voters of school district 
Xo. of the town of etc., notified as the 

law requires, and held at on the day of 

A. D. 18 

Voted, that A. B., treasurer of said school district, 
be and he is hereby appointed the agent and attoi-ney 
of the district, to sell at his discretion, [or insert the 
terms or condition] a certain lot of land, situated in 
and belonging to the district, containing bounded 
witli the buildings and appurtenances, and 
with full power to afQx the seal of the district to a 
deed or deeds conveying the same [tvitJi covenants of 
warranty or not, as the district may vote], and in the 
name of the district to acknowledge and deliver the 
same, and receive the purchase-mone}^, and give a 
full discharge therefor. 

A true copy of record : Witness, 

E. F., Clerk of said District. 



25. Deed from a District. 

Know all men, that the school district No. of 

the town of county of State of Rhode 

Island and Providence Plantations, in consideration 
of the sum of paid to A. B., treasurer of said 

district, to and for the use of said district, by M. N., 
of the receipt of which, is hereby acknowledged, 

does hereb}^ give, grant, bargain, sell, and convey unto 
the said M. IN"., his heirs and assigns, all the right, 

33 



386 SCHOOL MANUAL. 

title, and interest of said school district, in and to a 
]ot of land situated in said district, containing 
bounded or however otherwise bounded, with 

all buildings and appurtenances, being the same lot 
conveyed to said district by deed of H. I. To have 
and to hold the same to said M. 'N., his heirs and as- 
signs, forever. In testimon}^ whereof, the said school 
district have hereunto fixed their seal, hj the hands 
of said A. B,, their treasurer, duly appointed for that 
purpose, at a legal meeting of said district, and the 
said treasurer hath hereunto affixed his own hand, 
this day of A. D. 18 

A. B., Treasurer [as aforesaid.] [l. s.] 
Signed and sealed in presence of 

Acknowledgment 

State of Rhode Island and Providence Plantations,^ 
county of town of A. D. 18 The school 

district No. of said town, by A. B., their treas- 

urer, agent, and attornej^ for that purpose, by vote 
of said district appointed, acknowledged the fore- 
going to be their voluntary act and deed, and their 
seal to be thereto affixed ; and the said A. B., treas- 
urer and attorney as aforesaid, also acknowledged 
his own hand affixed thereto, and that the same was 
the voluntary act and deed of himself and of the said 
district. 

Before me, 

P. Q., 

Justice of the Peace, or Notary Public, or Town 

Clerk. 

Note. It will seldom, if ever, be advisable for a district to give any- 
thing more than a quit claim deed. If they wish to insert any warranty, it 
would be best to consult a well informed attorney. 



FORMS RELATING TO PUBLIC INSTRUCTION. 387 



26. Vote to hire Money. 

Voted, that the treasurer of this school district be 
and he hereby is authorized to hire dollars for 

the purpose of [Jiere specify the uses to he made of 
the money] and to give the note of the district for 
the same. 

Note. If any instructions as to rate of interest or time are to be given 
they should be inserted immediately after the word "dollars." 



27. District Note. 

$ 

R. I., 18 

For value received school district No. of the 

town of of the county of and State of 

Rhode Island, promises to pay A. B., or order, 
dollars on demand [or if a time note, state the time] , 
with interest, at ^ per cent, per annum, in ac- 
cordance with the vote of said district, passed at a 
meeting held on the day of A. D. 18 

C. D., Treasurer. 



28. Vote Prescribing Form of District Seal. 

Voted, That the clerk of the district cause to be 
made a seal for the use of the district, with the figure 
of engraven thereon, and the letters or inscrip- 

tion around its margin, and that the same is 

hereby adopted, and declared to be the common seal 



388 SCHOOL MANUAL. 

of this corporation, and shall be kept by the clerk of 
the district. 

Note. Every town, district, or Other corporation, shall have a common 
seal, with a suitable device; but if they hare no regular seal, any seal may 
be affixed to any instrument by their authority; for instance, a piece of 
paper attached by a wafer will be considered to be their seal. 



29. Order on School Fund. 

To treasurer of the tomn of 

Pay to on account of school district No. 

of this town, or order, the sum of for 

By order of the school committee of the town. 

Chairman or Clerk. 
Date. 

Note. No order can legally be given on the town treasurer except in 
payment for services rendered or expenses actually incurred. 



SO. Vote of School Committee to form Joint District. 

Voted, [the school committee of the town of 
concurring herewith] that a joint district be formed 
according to the provisions of the acts relating to 
public schools, to consist of school district No. 
of this town, and school district No. of said town 

of and that said districts shall constitute a joint 

district from the time that the school committee of 
said town of shall concur hercAvith [or if they 

have cdready passed a similar vote say, from and 
after the passage of this vote]. 

Voted further, that the chairman be authorized, in 



FORMS RELATING TO PUBLIC INSTRUCTION. 389 

conjunction with the school committee of said town 
of to cause notices to be posted up [in two or 

inore places in each of the two districts — specify 
flieni] for the first meeting of said joint district, to 
be held at on at o'clock in the 

noon [or to be held at such time and place as he may 
agree upon with the school committee of said town of 
] and that the clerk of the committee furnish 
a, certified copy of this vote to the school committee 
of the said town of 

Note. A notice signed by the chairman or clerk of each committee 
should be posted up in two or more places in each district. After trustees 
are elected, they will notify the subsequent meetings. 



31. Notice of Change in Text-Books. 

^N'otice is hereby given that a change in text-books 
in the study of will be proposed for consider- 

ation at the next regular meeting, [or at a meeting to 
be held on {here state the time)]. 
Signed, 

Note. The above notice must be given at a regular meeting of the com- 
mittee. 



S2. An Appeal. 

To A. B., commissioner of public schools of the State 
of Rhode Island and Providence Plantations : 

Whereas, the school committee, [trustees of school 
district No. of the town of No. ], did 

at a meeting on the day of A. D. 18 

33* 



390 SCHOOL MANUAL. 

pass a vote— [here copy or insert the substance, as 
nearly as can he procured]. I, the subscriber, ac- 
cording to law, do hereby appeal to you from said 
Tote or decision, and claim that the same may be re- 
^^ersed. [Here state plainly and briefly the reasons]. 

Sisfued, 



S3. Notice of Appeal. 

To the School Committee of the town of 

[trustees of school district No. in the town 

of ] 

* 

I hereby notify you, that in conformity with the 
provisions of the laws regulating public schools, I 
appeal to A, B., commissioner of public schools, from 

[here specify the vote or decision of the committee, 
trustees, or district, which is complained of] for the 
following reasons : [here give the reasons specified in 
the appeal]. 

Signed, 
Date. C. D. 

A copy of this notice should be immediately served 
upon the clerk of the committee, clerk of the district, 
or upon the trustee, or trustees who have done the 
act complained of, or upon the parties interested, 
whoever they may be. In general it is full as well to 
send a copy of the appeal to the parties. 



FORMS RELATING TO PUBLIC INSTRUCTION. 391 

SJf. Form of Incorporation for a Public Lihrary. 

The following is submitted as a suitable form for 
the constitution of an association for establishing 
and maintaining a free public library : 

We, the subscribers, agree to associate and incor- 
porate ourselves for the purpose of maintaining a 
public library, by the name of the , under the 

provisions contained for that purpose in chapter 176 
of the General Laws, and to be governed by the fol- 
lowing constitution : 

Article 1. This association shall be called the 



The library shall be established and maintained 
at in the town of 

2. The officers of the association shall be a presi- 
dent, vice-iDresident, secretary, treasurer, and one or 
more trustees, who shall constitute a board of di- 
rectors for the management of the business of the 
association, according to such rules as the association 
may from time to time adopt. 

3. The annual meeting shall be held at on 

when the above-named officers shall be elected. 
Any officer shall be elected by ballot if demanded by 
any members. Special meetings may be held 

at any time ujdou the call of the president or secre- 
tary, public notice having been given at least five 
days before holding the meeting. 

4. Any member, for disorderly or immoral con- 
duct, may be expelled, and any officer, for miscon- 



392 SCHOOL MANUAL. 

duct, may be removed at any regularly notified meet- 
ing of the society. 

5. The directors shall appoint a librarian, and fix 
his compensation, and make all snch regulations as 
they may deem proper for the government of the 
library, and prescribe fines for non-compliance, and 
may, in any case of misuse of books, prohibit any 
person from using the library until satisfaction is 
made. 

6. The library shall be held by the association, 
not in shares for the benefit of shareholders, but in 
trust for the XDublic benefit ; to be open to all who 
shall comply with such reasonable rules as shall from 
time to time be made by the association or directors; 
and for the purpose of continuing the existence 
of the corporation, the association will from time to 
time elect as members such persons as they shall 
think most likely to cooperate zealously in promot- 
ing its objects. No member shall be admitted unless 
proposed at a previous meeting. 

7. This constitution may be amended at any an- 
nual meeting, provided notice of the intended amend- 
ment has been given at some previous meeting. 

Tha above are all the i)i'Ovisions necessary to be 
inserted in the constitution. All other provisions are 
better made in the shape of rules or regulations, which 
may be altered from time to time with less trouble. 

This agreement, or constitution, must be filed with 
the secretary of state, and a fee of five dollars j)aid 
for his certificate thereof, before the corporation is 
legally organized. 

Whenever it is intended to establish a permanent 



FORMS RELATING TO PUBLIC INSTRUCTION. 393 

library, it will alwa3^s be most prudent to be incorpo- 
rated as above. If a librarj- is owned by several 
persons unincorporated it will be liable to division, 
and each one's interest liable to attachment. In a 
corporation, the share only could be attached, and 
where the corporation hold the library merely as 
trustees (as provided in Art. (3, above), no individual 
would have anj^ attachable interest whatever. 



S5. Forms of Prayer. 

BEFORE ENTERING UPON THE W^ORK OF THE DAY. 

O Lord our Heavenly Father, Almighty and Ever- 
lasting God, who hath safely brought us to the begin- 
ning of this day, defend ns in the same by Thy 
mighty power; and grant that this day Ave fall into 
no sin, neither run into any kind of danger, but that 
all our doings may be ordered of Thee to do always 
that which is righteous in Thy sight, through Jesus 
Christ our Lord. Amen. 

O Almightj^ God, the giver of every good and per- 
fect gift, the fountain of all wisdom, enlighten, we 
beseech Thee, our understandings by Thy Holy 
Spirit, and grant that whilst with all diligence 
and sincerity we apply ourselves to the attainment 
of human knowledge, we fail not constantl}^ to strive 
after that wisdom which makes wise unto salvation ; 
that so, through Th}^ mercy, we may daily be ad- 
vanced both in learning and godliness, to the honor 
and praise of Thy name, through Jesus Christ our 
Lord. Amen. 



394 SCHOOL MANUAL. 

Our Father which art in heaven, hallowed be Thj 
name. Thy kingdom come. Thy will be done in earth, 
as it is in heaven. Give us this day our dail}^ bread. 
And forgive us our trespasses, as we forgive them that 
trespass against us. And lead us not into temptation ; 
but deliver us from evil : for Thine is the kingdom, 
and the power, and the glory, for ever and ever. 
Amen. 

AT THE CLOSE OF THE WORK OF THE DAY. 

Most merciful God, we yield Thee our humble and 
hearty thanks for Th}^ fatherlj^ care and preserva- 
tion of us this day, and for the progess which Thou 
hast enabled us to make in useful learning: We pray 
Thee to impress upon our minds whatever good in- 
structions we have received, and to bless them to the 
advancement of our temporal and eternal welfare ; 
and pardon, we implore Thee, all that Thou hast 
seen amiss in our thoughts, words, and actions. May 
Thy good providence still guide and keep us during 
the approaching interval of rest and relaxation, so 
that we may be thereb}^ prepared to enter on the 
duties of the morrow with renewed vigor, both of 
body and mind ; and preserve us, we beseech Thee, 
now and ever, both outwardl}^ in our bodies, and in- 
wardlj^ in our souls, for the sake of Jesus Christ, Thy 
Son, our Lord. Amen. 

Lighten our darkness we beseech Thee, O Lord; and 
by Thy great mercy defend us from all perils and 
dangers of this night, for the love of Thine onlj^ Son, 
our Saviour, Jesus Christ. Amen. 



INDEX TO GENERAL LAWS. 



Abatement of taxes, liow and when made, 55 
Absentees, provisions and arrangements for, 77 
Account of school commissioner to state auditor, 72 

of school moneys, penalty for neglect to deliver to 
successor, 80 
Adjonrnment of tax sale of real or personal property, 29 
Admission of children of soldiers to any school, 83 

to normal school, requirements of, 71 

to public schools, what does not exclude from, 80 
Advertisement in sale of property for taxes, manner 

of, 25, 26 
Agreement to submit dispute to commissioner, when, 68 
AgriCTlltnre and Mechanic Arts, Ehode Island College 

of, 84-88 
Aid, collector of taxes may require, 30 

Alcohol, instruction as to effect of, upon human system, 60 
Aldermen, Board of, words " town councils " construed to 
include, 13 

to appoint special constables under truant law, 74, 75 

penalty for neglect to appoint truant officers, 78 
Apparatus, and reference books, appropriation for, 39, 40 

sale or exchange of, penalty for offering fee to school 
officers for, 82 
Appeals, in school matters, to school commissioner, 67, 68 

from proceedings condemning land for school site, 60 
Apportionment of school money among the towns, 38 

of State money for apparatus, 39, 40 
for libraries, 34 

of property where district is divided, 53 
Appraisal of land for schoolhouse, 60 



396 SCHOOL MANUAL. 

Appropriation by districts for school purposes, 47 
of money for schools, power of town to make, 17 
for free public libraries, power of town to make, 17, 18 
annual State, for free public libraries, 34 
for support of public schools, 38, 40 
for reference books and school apparatus, 39 
for support of evening schools, 40 
for traveling expenses of pupils of Normal 

school, 71 
for teachers' institutes, 72 
for educational publications, lectures, etc., 73 
for education of blind, deaf, and imbecile, 91, 93 
for free public libraries, how to be made, 30 
to Khode Island school of design, how paid, 88 
Arbor Day, programme for, 37 

to be a legal holiday, 104 
Assessment of poll tax, by whom, when and how made, 33 

of school district taxes, 47, 53, 54 
Assessors of Taxes, may administer oaths, when, 11 

to give notice of assessment of taxes on school dis- 
trict, 54 
to assess property in school district in what cases, 53, 69. 
Associate School Districts, how formed and powders, 50, 51 
Attendance of children in public schools, how regu- 
lated, 73-79 
rules for, to be made by school committee, 61 
average, money to be apportioned by, 63 
of non-residents, how to treat, 57, 58 
Auctioneers, duties paid by, added to school fund, 15 

Beneficiaries, blind, deaf, and imbecile, how appointed, 
91, 93 
at Eliode Island school of design, provision for, 88, 89 
Bequest to free public library, full discharge for, 31 
Blackboards, school district may supply, 46 
Blanks for schools, to be distributed by town clerk, 45 
for school census, how furnished, 45 
for report of school committee, how furnished, 64 
Blind Persons, provisions for education of, 91 
Board of Education, 33-36. See Education, State Board of. 



INDEX TO GENEBAL LAWS. 397 

Bond of clerk of school district, 47 

of collector of school district, 47 

of treasurer of school district, 47 
Books, of public libraries, penalty for injuring, 103 
penalty for conversion of, 109 

penalty for unlawful refusal to deliver official, 16 

of office to be delivered to whom by retiring officer, IG 

of free public library, rules for character of, 34 

selection of, for school libraries, 37 
Boundaries of school districts, power of school committee 
over, 59 

to be recorded by town clerk, 45 
Bribery of school officers prohibited, and penalty for, 82 

Census of children of school age, how to be taken, 45 
blank forms for, furnished by commissioner, 45 
returns of, to be received before school money paid, 46 
Certificates of school teacher, when may be annulled, 60 
good for how long, 66 
required and by w^hom signed, 65 
of attendance at school under the truant law, 76 
relating to school money, penalty for false, 80 
of vaccination required from pupils in school, 83 
Chairman of school committee, election, removal, pow- 
ers, 58 
Children. See State Home and School for Children. 
annual census of school, to be taken, 45 
new district not to be formed with less than forty, 59 
employment of, in certain cases prohibited, when, 
_ 75-77, 89 

factory inspectors may visit establishments employ- 
ing, 90 
provision for education of deaf, blind, and imbecile, 91 
what, may be received into State home and school, 96, 97 
Christmas Day, to be a legal holiday, 104 
City, word included in meaning of word "town," 13 
mayor of, may administer paths, 11 
management and control of free public library by, 20 
City Clerk, included in words "town clerk,' 13 
34 



398 SCHOOL MANUAL. 

City Council, may accept free public library or funds 
for, 19 
trustees of free public library to be elected by, 20 
penalty for neglect of, to make truant ordinances, 78 
Clerk. See Toiuji Clerk. 

commissioner may employ, 37 

of school committees, election, removal, and duties, 58 
of school districts, election, powers, duties, 47-49, 70, 80 
Collectors of school districts, election of ; to have powers 
of collectors of taxes, 47 
to give bond, when, 47, 69, 70 
to receive tax bill from trustees, 56 
compensation of, 32 
collection of poll taxes by, 24 
may collect school-district taxes, when, 47 
College of Agriculture and Mechanic Arts, 84-88 
Comniissioner. See School Commissioner. 

of public schools, election and duties, 37, 38 
Committee, school. See School Co'nimittee. 
Compensation of assessors, town clerks, collectors, 32 
of secretary of State home and school, 96 
of superintendents of schools, 44 
board of education to receive no, 36 
trustees of Rhode Island institute for deaf to receive 

no, 93 
of trustees, 57 
Complainant in cases of truancy, etc, 75 
Consolidated school districts, how formed, powers, 51 
Constitution of the State, extracts, 1-4:— 
declaration of rights, 2 
qualification for office, 3 

officer must be qualified elector except for school 
committee, 3 
education, 3 

duty of general assembly to provide, 3 
permanent school fund, 3 
donations for schools, 3, 4 
alienations of school money forbidden, 4 
Construction of statutes, rules of, how applied, 12-14 
of certain words, "town," 13 



INDEX TO GENERAL LAWS. 399 

Construction of statutes, of certain words, " town coun- 
cil," 13 
Contract of district, remedy, if not fulfilled, 54 
Corporations, school districts are, 46 

literary and scientific, how formed, 105, 106 
powers of, 107 
Costs, not to be taxed against school officers when, 68 

security for, in suit against school district, 69 
Council. See City Council; Toivn Council. 
Cranston, probate court, jurisdiction of, over what vagrant 
children, 99 

Deaf, blind, and imbecile children, public provision for, 91 

w^hat persons admitted to R. I. Institute for the, 93 
Declaration of rights and principles, 2, 3 
Deduction from taxes may be provided for, 31 
Design, B. I. school of. State beneficiaries at, 88 
Dictionaries, etc., for schools, appropriation for, 39, 40 
Diploma, graduates from normal school to receive, 71 
Directors of R. I. school of design to make report to board 

of education, 88 
Dismissal of teacher, when and how, 60, 66 
Dispute relative to school matters may be submitted to 

commissioner, 68 
Distr?ant from taxes, mode of conducting, 26-30 

fees of collector, 32 
District Clerk included in words "ward clerk," 13 
District Council included in "town council," 13 
District Court, to have jurisdiction of truancy cases, 79 
clerks of, may administer oaths, where, 11 
justices of, may administer oaths, where, 11 
assistant justices of, may administer oaths, where, 11 
District Meetings, school, 48-50. See School District. 
District of Narragansett included in word "town," 13 

district council of, included in words "town coun- 
cil," 13 
Districts. See School Districts. 
District Schools. See Schools. 

District Taxes, levy and assessment of, 53-55. See also 
School District. 



400 SCHOOL MANUAL. 

District Taxes, liow to be collected, 47 

Disturbing public meetings and schools, liow punished, 
lOS 

DocuiTLentS, penalty for unlawful refusal to deliver offi- 
cial, 10 
school, distribution of, by town clerk, 45 

Dogs, licenses of, when applied to support of public schools, 
102, 104 

Donations for public schools, how to be applied, 3, 4 

Education, provisions of constitution for, 3. See /Schools. 

Educational purposes of property, effect of, on taxes, 31, 22 

Education, State board of, So-SO 

division, and term of office of members, 38 

vacalicies in, how filled, 34 

to elect commissioner of public schools, 33 

meetings of, when and where to be liolden, 34 

to prescribe rules for carrying into effect school laws, 

84 
to appropriate money and make rales for free libraries, 

34 
to report annually ; expenses how allowed, 30 
when consent of, required for change of text-books, 05 
may consent to remission of fines in school matters, 70 
to have management of the normal school, 71 
to provide for educational publications and lectures, 72 
school committee to report annually to, 78 
may visit any school aided bj^ State, 81 
control of beneficiaries at school of design, 88, 89 
to recommend a blind, deaf, or imbecile child as State 

beneficiary, 91 
to have supervision of education of same, 91 
to make annual report on to general assembly, 92 
may purchase clothing for beneficiaries, 92 
bills for same to be approved hy, and how paid, 92 
to include, in report to general assembly'', what, 100 
to receive report of State home and school, 100 
secretar}^ of, to furnish form of certificate of school at- 
tendance, 70 
to file applications for school of design, how, 89 



INDEX TO GENERAL LAWS. 401 

Election Day, State, to be a legal holiday, 104 

national, to be a legal holiday, 104 
Elections, rights and qualifications of voters in, 5-9 

registering, listing, and returning lists of voters, etc., 
7-9 
Electors, rights and qualifications of, 5-9. See Foiet^s. 

registering, listing, and returning lists of, 7-9 
Employment of children in certain places prohibited, 

when, 75, 76, 89 
Engaged, word to include either ''sworn" or "affirmed," 13 
Engagement. See Oath of Office. 
Evening Schools, appropriation for support of, 40 
Evidence that district meeting has been duly notified, 70 

that school district officer has been duly engaged, 80 
Examination of pupils for normal school, 71 

of teachers, 60, 66, 71 
Exclusion of pupils from school, by school committee, 62 

on account of age, race, or color forbidden, 80 
Exemption from taxation, 21, 22 
for schooling, 82, 83 
of schools, when to cease, 81 
Expenses of State board of education, how paid, 36 

Factory, word how construed for special purposes, 90 
Factory Inspectors, appointment, duties, powers of, 90 
Factory laborers, regulations as to employment of, 89, 90 
Fees of collector of taxes, 32 

for books in free public library not to be exacted, 20 

not to be offered to school officers, 82 

not to be received by school officers, 82 
Fines in school matters, commissioner may remit, 70 

under truant law, to be applied to use of schools, 79 

for disturbing meetings or schools, 108 

for employment of children in factories, 76-77 

for injury to property of libraries, 108 

for neglect of duty, 80, 81 
Flags, foreign, not displayed on public schoolhouse, 109 
Forfeiture of school money by town or district, 39, 63, 78 
Fourth of July, to be a legal holiday, 104 
Free Public Libraries. See Library ; Schools. 

84* 



402 SCHOOL MA]SUAL. 

Fund, permanent. See School Fund. 

for free public libraries may be accepted by town or 
city council, 19 
G-eneral Assembly, relations of, to school fund, 4 
report to, of Rhode Island institute for deaf, 94 
of State board of education, 36, 92 
General Treasurer, to have custody of school fund, 15 

how to pay appropriations for free public libraries, 35 
when to pay traveling expenses of board of educa- 
tion, 36 
to add to school fund school money when forfeited, 39 
G-ift to free public library, how receipted for, 21 
Governor may administer oaths anywhere in the State, 10 
to advise as to investment of permanent school fund, 15 
member and president of State board of education, 33, 34 
to appoint State beneficiaries, blind, deaf, etc., 91 
to approve bills for blind, deaf, etc., 92 
to appoint board of control for State home and school, 95 
commissioner of public schools, pro tempore, 37 
factory inspectors and may remove them, 90 
trustees of Rhode Island institute for the deaf, 93 
Guardian, board of control of State home and school to be 
legal, of inmates, 97 

Holidays, legal, what are, 104, 105 

Home. See State Home and ScJioolfor Children. 

Human System, instruction as to effects of stimulants 

on, 60 
Hygiene, instruction in, to be provided, when, 60 

Idiot, included in meaning of words "insane person," 12 

provisions for education of, 91 
Imbeciles, provisions for education of, 91 
Income of permanent school fund, for support of schools, 

15, 38 
Incorporation, act of, how far deemed a public act, 14 

need not be specially pleaded, 14 
Insane person, words to be construed to include whom, 
12 



INDEX TO GENEKAL LAWS. 403 

Institutes, teachers', 73 
Instruction in physiology and liygiene, 60 
Insurance of schoolhouse, 47 
Investments of permanent school fund, 15 

Joint school district, how formed and powers of, 50-53 

how regulated and supervised, 53 

See School District. 
Judgment, to issue how against school district, 69 
Justice of supreme court, statement in appeal made to, 68 

Labor Day is a legal holiday, 104 
Land or lands, words, how construed, 13 

aliened, not to be sold by collector of taxes, when, 35 
how condemned for school purposes, 59 
Lectures on subjects of education, how provided, 73 
Legacy to free public library, how discharged, 31 
Letters, reth-ing officer to deliver official, to whom, 16 

penalty for unlawful refusal to deliver official, 16 
Levy of school district taxes, 53-55 

Library, incorporated, how far exempt from taxation, 33 
how may be incorporated under general law, 105-107 
public, penalty for injuring property of, 108 

of unlawfully converting books, etc., of, 109 
free public libraries, powers of town to appropriate 
money for, 18, 30 
may be accepted by town or city council as a, 19 
establishment and control of, by towns, 18 
trustees of, election and duties, 30 
exempt from taxation, 33 

board of education may appropriate for and es- 
tablish rules for, 34 
payments to, by State, how to be made, 35 
school, powers of town to vote money for, 17 

commissioner to assist in establishment of, 37 
appropriation for works of reference and appa- 
ratus, 39 
school districts may maintain, 46 
Lieutenant-G-Overnor may administer oaths, 10 
ex-officio member of State board of education, 33 



404 SCHOOL MANUAL. 

Lientenant-Governor member of board of trustees, 

Rhode Island institute for deaf, 93 
IjiteraryAssociations,lioworganizedas corporations, 105 

how created ; powers and liabilities of, 105-107 
Malicions mischief to books of free library, how punished, 

108 
ManufactTiring establishments, employment of minors in, 

when, 75-77 
Maps and other school apparatus, provision for, 39, 40 

school district may supply, 47 

receiving or offering fees for exchange of, forbidden, 82 
Masculine gender, words importing, may include femi- 
nine, 12 
Mechanic Arts, college of agriculture and, 84-88 
Meetings, district. See School Dist?'iGts. 
Meetings of school committee, 59 

of board of education, w^here to be held, when, 34 

penalty for disturbing, 108 
Memorial Day is a legal holiday, 104 

Mercantile establishments, employment of minors in, 75-77 
Mileage for pupils in normal school, paid how, 72 
Minors to attend school, 73 

convicted under truant law, commitment of, 78 

employment of, prohibited, w^hen, 75-77 
Moderator of school district, election of, 47 

may engage in office district officers, 47 

need not be engaged, 80 
Money for schools, distributed how and when, 62 

statements of, to be made by town treasurer, 44 

to be received and paid out by town treasurer, 44 

tuition, used how, 57 
Month to be construed to mean a calendar month, 13 
Morality, instructions in principles of, in schools, 67 
Newspapers, notice of sale by collector of taxes to be 

given in, 26, 28 
Normal School, management and support of, 71 

qualifications for free tuition in, 71 

trustees of, how constituted, 71 

to prescribe examination of applicants for admission, 71 

to pay traveling expenses of pupils in, 72 



INDEX TO GENERAL LAWS. 405 

Normal School— Conthiued. 

may give teachers' certificates, 71 
graduates from, entitled to diploma, 71 
to be open to children of deceased soldiers and sailors, 
82 

Notaries Public, to administer oaths, 10 

Notice of appeal to be given, 67 

of proposed change of district boundaries, 59 

of sales of property for taxes, how given, 36-29 

of removal of personal property by collector of taxes, 28 

of school district meetings, 48, 49 

of assessment of school district taxes, 54 

in case of land condemned for site of schoolhouse, 60 

Nuisances, near schoolhouses prohibited, 81 



Oath, construed to mean ai3Qrmation, 13 

may be administered by notaries and commissioners, 10 
who may administer anywhere in the state, 10 
in certain counties and towns, 11 
in connection with certain offices, 11 
of school district officers may be before whom, 47, 80 
Oath of Office, and how adminstered, 10 

of school district officers, evidence of, 80 
of school district officers, except moderator, 80 
Office, oath of. See Oath ; Oath of Office. 

tenure of. See Tenure of Office. 
Officers. See School District. 

oath and engagement of, 80. See Oath of Office. 
joint authority to three or more, how construed, 12 
to surrender official records, when and to whom, 16 
of schools receiving State aid to report annually, 35 
violating laws relative to public schools, penalties 

on, 83 
of public schools, forbidden to receive fees, etc., 82 
offering of fees to, forbidden, 82 
Orders for school money, given by whom, 44 

payable to whom, 63 
Ordinances to be made for attendance of children in 
schools, 77 



406 SCHOOL MANUAL. 

Ordinances concerning- truants, district courts to have 

jurisdiction of, 79 
Organization of districts, 48 

associate, consolidated, and joint, 51, 52 

Parents to cause cliild to attend school, 73 

penalty on, for illegal em})loyment of children, 76 
Penalty for breach of ordinances respecting truants, etc. , 78 

disturbing meetings or schools, 108 • , 

employing children, what, 76 

making false returns or other neglect of duty, 80, 81 

malicious mischief to property of libraries, 108 

misappropriating moneys, 80, 81 

neglect of duty relative to taxes, 31 

non-payment of taxes, 31 

non-remittance of returns, 44-46, 64 

refusal to permit schools to be visited by school com- 
mittee and others, 81 

general, 83 
Penalties, etc., school commissioner may remit what, 70 
Permanent School Fund. See School Fund. 
Person, construction of the word, 12 
Physiology, instruction in, to be provided in what schools, 

60 
Pictures, in public libraries, malicious injury to, how pun- 
ished, 108 
Plural Number, construction of words in, 12 
Poll Tax, assessment and collection of, 23, 24 

town treasurer to credit public school account with, 
24, 44 
Po"wers of towns, 17 
Private Schools to be registered, and report, 35, 36 

what, may be approved under truant laws, 74 
Probate Court, jurisdiction of, to send children to State 
home and school, 98 

may appoint next friend to act for child, 98 

order of, and execution thereof, 99 

expense of such case to be paid by town, 99 
Process against school district, how served, 70 

under truant law, by whom served, 75 



INDEX TO GENEKAL LAWS. 407 

Property, liable to and exempt from taxation, 21, 22 

surplus, returned to owner by collector of taxes, 28 

of free public library, penalty for malicious injury 

of, 108 
penalty for conversion of, 109 
Providence, Title IX how far applicable to, 81 

schools, how regulated, 82 
Public Libraries, See Library. 
Public Schools. See Schools. 
Pupils. See Scliolars. 

Qualifications of voters, 5-7. See Voters. 
of voters in school district meetings, 50 
for office, 3 

Real Estate, taxes against either personal or real estate, a 
lien on, 25 
taxes against owner of, how long a lien on, 25 
or personal estate, tax may be collected from either, 25 
if aliened, not to be sold for tax, in what case, 25 
return of collector of taxes on sale of, to town clerk, 27 
how advertised and sold for taxes, 26 
deed of, for taxes, what title vested in purchaser by, 27 
right of owner to redeem, if sold for taxes, 27 
fees of collectors of taxes for levy on, 32 
how condemned for school purposes, 59, 60 

Reasons of Appeal. See also Appeals. 

Record of vaccination of pupils kept by teacher, 83 

Records, public, when surrendered by officers, etc., 16 
of school district clerk prima facie evidence, 70, 80 

Redemption by owner of land sold for taxes, 27 

Register of scholars, to be kept by teachers, 68 
to be deposited where, 63 

Religious Purposes, buildings and land held for, how 
far exempt from taxation, 21 

Religious Societies, what property of, exempt from tax- 
ation, 21 

Remittance of fines, penalties, etc., when and how, 70 

Reports of board of control of State home and school, an- 
nual, 100 



408 SCHOOL MANUAL. 

lEtepovts— Continued. 

of board of education, annual, 33 

of commissioner of public schools, 37 

of school committee, 64 

of trustees of Rhode Island institute for the deaf, an- 
nual, 94 

by officers of private schools to board of education, 
35, 36 
designation of officers. See Vacancies. 
Returns of school census, where deposited, and effect of 
failure, 46 

of teachers to school committee, 66 

of trustees, to whom and how made, 57 
Rhode Island College of Agriculture and Mechanic Arts, 
84-88 

to have use of United States money, 85 

location of, 85 

to be a corporation with what powers, 84 

board of managers of, appointment and powers, 86 

clerk of, appointment, 86 

faculty of, duties and appointment, 87 

treasurer of, appointment ; to give bond, 86 
Rhode Island Institute for the Deaf, 92-95 

governor and lieutenant-governor, ex-officio trustees, 
93 

board of trustees of, appointment and term of office, 93 

powers and dutes of, 94 

to make annual report to general assembly, 94 
Rhode Island School of Design, State beneficiaries at, 
88, 89 

to make annual report to State board of education, 88 
Rights, declaration of, 1-3 

and qualifications of voters, 5-7 
Rules and regulations, for appeals, made how, 68 

for libraries, 20, 34, 35 

for schools, made how, 61 

board of control for State home and school to make, 96 
Sailors, children of dead or invalided, schools free to, 82 
Scholars, without town, admitted by trustee, when, 57 

school committee to make rules for classification, 61 



INDEX TO GENERAL LAWS. 409 

ScholSiVS— Continued. 

authorized to attend in adjoining town or district 

wlien, 61 
may be suspended, wlien, 62 
if less than five, school may be suspended, 63 
text-books and supplies to be loaned to, 64 
register of, to be kept by teachers, 66 
to be taught principles of morality and virtue, 67 
in normal school, privileges of, 71, 72 
not to attend school unless vaccinated, 83 
Schoolbooks, uniformity in, how secured, 37 

works of reference and apparatus, appropriation for, 39 
school committee to place in school rules for use of, 61 
to be furnished at expense of town or city, 64 
how may be changed, 65 

how, in Providence, 65 
receiving or offering fees for exchange of, forbidden, 82 
School Commissioner, power to administer oaths, 11 
to be elected by board of education, 33 
to be secretary of board of education, 34 
payments to free public libraries to be made on order 

of, 35 
order for books for free libraries to be made by, 35 
pro tempore, may be appointed by governor, 37 
may employ a clerk, 37 

to visit school districts, when and for what purpose, 37 
duties of, in relation to text-books and school libraries, 

37 
to prepare programme of exercises for Arbor Day, 37 
to report annuallj^ to board of education, 37 
how to apportion appropriation for public schools, 38 
how to draw appropriation for public schools, 39 
how to apportion appropriation for reference works, 

etc., 39 
when maj^ withhold school money from a town, 45, 64, 78 
to furnish blanks for census of children of school age, 45 
not to draw money due town, when, 46 
town treasurer to transmit to, certificate of amount of 

money voted hj town, 44 

35 



410 SCHOOL MANUAL. 

School Commissioner— Con^im^et^. 

erection and repairs of district schools to be approved 

by, on appeal, 47 
when order assessment and collection of district tax, 54 
power of, to correct errors in assessing, or to re-assess, 

tax, 55 
power of, to order abatement of tax, 55 
when to approve tax, repairs, etc., of joint district, 55 
powers of, in case of tax by joint or associate district, 55 
powers of, in formation of new district, 59 
school committees to prescribe rules and studies under 

direction of, 61 
report of school committee to, and of blank therefor, 64 
duty of, in appeals and disputes on school matters, 67, 68 
may submit statement to justice of supreme court, 68 
power of, to remit fines, penalties, and forfeitures, 70 
with board of education, trustee of normal school, 71 
to hold teachers' institutes, account for same, 72 
to notify authorities of neglect under truant law, 78 
may visit schools receiving aid from State, 81 

School Com.mittee, schools to be under care of, 41 
how and when chosen; vacancies, how filled, 43 
number may be increased, when, 43 
to have care of schools in discontinued districts, 48 
to have entire control of districts abolished, 43 
oflicers of, and powers, 58 
meetings of, 59 

to elect superintendent of schools, 44 
town treasurer to report to, 44 

school census returns to be deposited with, when, 46 
to approve plans for erection and repairs of school- 
house, 47 
to approve amount of tax ordered by school district, 47 
when may exercise powers and duties of district, 48 
to approve bond of collector of district tax, 47 
when establish district school and employ teacher, 48 
when and how call meeting to organize district, 48 
when call special meeting of school district, 49 
no special district meeting without consent of, when, 49 



INDEX TO GENERAL LA^YS. 411 

School Committee— Continued. 

may fix time and place to organize associate district, 51 
to draw order for public money for associate districts, 51 
to approve organization of consolidated districts, 51 
power of, to form and regulate joint school districts, 53 
to apportion property, etc., when district divided, 53 

public money, in some cases of joint districts, 52 
power of, to abate tax in certain cases, 55 

to approve tax for erection and repairs of school- 
houses in joint districts, 55 
to be notified by trustees of opening and closing 

schools, 56 
trustees to provide for care of books furnished by, 56 
when may admit pupils from without district, 64 
powers of, over boundaries of districts, 59 
to locate schoolhouses, 59 

when land taken by, without owner's consent, 59 
to examine and dismiss teachers, and to annul certifi- 
cates, 60, 66 
when not to sign certificates for teachers, 66 
duties and powers of, in regard to visiting schools, 61, 81 
duties and powers of, as to pupils, text-books, schools, 

61 
powers of, when town not divided into districts, 63 
how to apportion among the districts the public money, 

62 
how to apportion receipts from poll tax, etc. , 63 
to draw orders only for districts making returns, 63 
restrictions on powers of, to draw orders, 63 
how to divide forfeited money, 64 
to report annually, to whom, 64 
expense of printing report of, how paid, 64 
power of, to change schoolbooks, 65 
fees to, prohibited, 82 

members of, ineligible to teach public schools, 66 
appeal from, how taken, proceedings thereon, 67, 68 
may excuse child from attending school, when, 74 
powers and duties of, concerning attendance in schools, 
73-78 



412 SCHOOL MANUAL. 

School Committee— Continued. 

chairman of, election, and removal by, 58 
clerk of, election, and removal by, 58 
School District, how established, 41 
powers of, and how designated, 46 
providing schoolhonses, not to be taxed for others, 42 
may be abolished, 43 
what powers remain to discontinued, 43 
boundaries of, to be recorded by town clerk, 45 

power of school committee over, 59 
may build and repair schoolhonses and furnish same, 46 
power of, to raise money by tax, 47 
to make return to receive proportion of school fund, 63 
money appropriated to, if forfeited, how expended, 64 
officers of, Avho and when elected, 47 

tenure of office of, 80 

except moderator, in what form to be engaged, 80 
evidence of engagement, 80 

moderator of, may administer oath to other officers, 47 
clerk, collector, treasurer of, duties, powers of, 47 
clerk of, maj^ administer oaths, 11 

may call meetings, when, 48, 49 

when to record votes in meetings of, 50 

provide record book, 70 

records of, to be prima facie evidence of what, 70 

record of, evidence of engagement of officers, 80 
in case of neglect by, school committee may establish 

school, and employ teacher, 48 
may delegate powers and duties to school committee, 48 
meetings of, for organization, how notified, 48 

annual, when held, how notified, 49, 50 

special, how called, how notified, 49, 50 

where held, 49 

appeals from doings of, how taken, 67, 68 

who entitled to vote in, 50 

votes in, when, how recorded, 50 
associate, for having advanced schools, how formed, 50 

to constitute school district for what purposes, 51 

meeting for organization, how called, 51 



INDEX TO GENERAL LAWS. 413 

School "District— Continued. 

associate, public money how drawn for, 51 

assessments in, how determined in certain cases, 
55 

consolidated, how formed from districts in same town, 51 
how organized and entitled to receive public 

money, 52 
title of, to incorporate property of the several 
districts, 52 

joint, how formed by districts in adjoining towns, 52 
how organized and powers of, 52 
how entitled to share in public money, 52 
tax of, and schoolhouse plans, how approved, 55 
assessments, how, if town assessments vary, 55 

when divided, property of, how apportioned, 53 

contribution, how made, 53 

school commissioner to visit, 37 

trustees of, when, and how many, elected, how en- 
gaged, 47, 80 
how may call meetings, 48, 50 
when to call upon assessors of taxes, 54 
to have custody of property ; to employ teachers, 

56 
duties of, relative to schools, fuel, schoolbooks, 

56 
to provide bookcases in each schoolroom, 56 
to make tax bills, to issue warrants to collectors, 56 
to make returns to school committee, 57 
entitled to no pay, except from district tax, 57 
may admit scholars from without the town, 57 
when school committee may exercise powers of, 57 
ineligible to teach in the public schools, 66 
appeals from decision of, how taken, 67, 68 

power of school committee over, 59 

when not to be formed, 59 

suits against, who may answer, 69 

judgment against, how satisfied, 69 

legal process against, how may be served, 70 

taxes. Title VIII how far applicable to, 32 

35* 



414 SCHOOL MANUAL. 

School District — Continued. 

taxes, amount of, to be approved by school commit- 
tee, 47 
liow levied and assessed, 53, 54 
person overtaxed, when to have no remedy, 54 
when school commissioner may order assessment 

and collection of, 54 
how errors in tax may be corrected, 55 
how and when abated, 55 
for schoolhouse, etc., in joint district, when to 

be approved by commissioner, 55 
assessment of, by joint or associate districts, 55 
how assessed, to satisfy judgment against district, 

69 
proof of payment of, 8 
vote of, ordering tax, and assessment, when final, 68 
School Fund of State, provisions of constitution relative 
to, 3 
general treasurer to have custody of, 15 
income of, how to be invested, 15 
what moneys to be added to, 15 
income of, to be paid for support of public schools, 

15, 38 
town share of school money, when to be added to, 39 
penalty of a false certificate relating to, 80 
School Fund of Town, when surplus moneys from dog 

licenses to be applied to, 103, 104 
Schoolhouses, power of towns to vote money for, 17 
provided by towns or districts, 41, 46 
to be in custody of trustees, 56 
how supplied with furniture, fixtures, etc., 41, 46 
how provided by associate districts, 51 
district, when school committee may establish schools 
in, 48 

district meetings to be held in, 49 
contribution to, to be paid by annexed district, 53 
when built by joint district by tax, amount and plans 

how approved, 55 
to be located by school committee, 59 



INDEX TO GENEEAL LAWS. 415 

Bchoolhouses— Continued. 

land for, how condemned, 59 
rules and regulations to be put in, 61 
what legal process served by posting copy on, 70 
nuisances near, prohibited, 81 
foreign flags not to be raised over, 109 
School Libraries, power of town to vote money for, 17 
commissioner to assist in establishment of, 37 
State appropriation for works of reference, etc., for, 39 
school districts may maintain, 46 
School of Design, Ehode Island, State beneficiaries at, 

88, 89 
Schools, income from school fund for support of, 15 

general supervision of, vested in board of education, 33 
support of, power of towns to vote money for, 17 
poll tax to be applied to, 24, 44 
State appropriation for, how to be apportioned, 38 
duty of town treasurer relative to, 44 
how apportioned among districts, 62 
when maj^ be withheld, 45, 46, 64, 78 
works of reference for, how provided for, 39, 40 
free public, building for, exempt from taxation, 21 
private, to register and report to board of education, 35 
when to be visited by school commissioner, 37 
duty of towns to maintain sufficient number of, 41 
census of school children, when and- how taken, 45 
school committee may establish, when, 48 
time of opening and closing, trustees to give notice 

of, 56 
moneys for tuition in, how received and used, 57 
scholars may attend, in another district, when, 64 

in another town, 57, 61 
average attendance in, how determined in such case, 57 
teachers in, qualifications of, duties, 65, 66, 67 
when dismissed, 66 

what school officers ineligible to be, 66 
trustees of normal school may give certificates 
. to, 71 
to keep record of pupils vaccinated, 83 



416 SCHOOL MANUAL. 

Sohools— Continued. 

rules as to instruction and government to be posted 

in, 61 
of towns without districts managed by school commit- 
tee, 62 
may be suspended in case attendance falls below five, 63 
legal proceedings relating to, 67-70 
appeals relating to, to school commissioner, 67 
provisions concerning attendance and truancy, 73-79 
fines under truant law to be applied to support of, 79 
no person to be excluded from, except by general rule, 80 
aided by State, may be visited and examined by whom, 

81 , 
in Providence how governed, 81 
no person connected with, to take fee for sale of 

books, 82 
fee to children of dead and invalided soldiers and 

sailors, 82 
no pupil to attend, without certificate of vaccination, 83 
Title IX is subject to special statutes respecting, 83 
penalty for violation of law regulating, by officer, 80 
penalties under dog law to be applied to support of, 

102, 104 
public or private, willful disturbance of, how punished, 
108 
School Supplies furnished at expense of town or city, 64 
Seal, word how construed, 14 
Secretary of Board of Control of State Home and School 

for Children, appointment of, 96 
Smallpox, no one to attend school without certificate of 

vaccination for, 83 
Soldiers, children of dead and invalided, schools free to, 82 
Special school district meetings, how to be called and for 
what business, 48, 49 
notice required, 49, 50 
State Auditor, school commissioner to render annual ac- 
count to, 72 
to draw order for payment of education of deaf, blind, 
and imbecile children, 92 



INDEX TO GENEE.YL LA^YS. 417 

State Home and School for Children, 95-100 

control and maintenance of, vested in whom, 95 
probate courts have jurisdiction of commitment to, 98 
order of court to, on hearing case, 99 

expenses of, to be paid by town, 99 
what children maj^ be sent from State almshouse to, 99 

expense to be paid by State, 99 
board of control of, to consist of whom, 95 

appointed by governor ; tenure of office, 95, 93 
to provide books for registry of children, 99 
to make aanual report to board of education, 100 
to appoint secretarj^, 96 

members of, not to receive compensation, 96 
to establish rules and regulations, 96 
may admit what children, 96 
Studies in schools, how prescribed, 61 

Successors in office, what officers continue, in office until 
successors qualify, 80 
retiring officer to deliver official possessions to, 16 
penalty for neglect to deliver school accounts to, 80 
Superintendent of Schools, election and duties, 44 
compensation of, 44 

to be notified of opening and closing of schools, 56 
ineligible to teach in public schools, 66 
receiving or offering to, fee for exchange of school- 
books, forbidden, 82 
Supreme Court, justices of, to hear and decide on school 

appeals, when, 68 
Suspension of pupils by school committee, 62 

Tax, to qualify persons to vote, 6-8 

proposition to impose, who not permitted to vote on, 6 
proof of payment of, what, 8 

penalty on officers refusing certificate of payment of, 9 
officers when to furnish certified list of persons pay- 
ing, 8, 9 
when to grant certificate in particular cases, 9 
for free public libraries, what and when, 17, 18 
assessment and collection of poll, 23, 24 



418 SCHOOL MANUAL. 

Tax— Continued. 

real estate, holden for tax, liow long a lien, 25 
how advertised and sold for, 26, 27 
what title to, vested by deed, under sale, 27 
aliened, not to be sold, if other property, 25 
notice given owner and others interested, 26 
proceeding of sale, when and where returned, 27 
how and when owner may redeem, 27 
personal property, whole tax collected out of, 25 

if advertised for sale, what notice is given, 28, 29 
what not liable to distraint, 28 
distraint and sale of, for, 28 
school district, collection of, 32, 47. See School Dis- 
trict. 
compensation of assessors, town clerks, collectors, 32 
town to raise by, for schools, amount equal to State ap- 
propriation, 39 
Taxation, property liable to, exempt from, 21, 22 
Teachers, State appropriation for schools to be applied to 
wages of, 39 
school district neglecting to employ, school committee 

may employ, 48 
duty of trustees to employ, 56 
duty of school committees to examine, 60, 61, 66 
what certificate of qualification necessary, 65, 66 
when may be dismissed, 66 
what school officers ineligible as, 66, 67 
to keep register of scholars and make return, 66 
to impart what moral instruction, 67 
certificates to, by trustees of normal school, 71 
to keep record of pupils vaccinated, 83 
Teachers' Institutes, appropriation for, how expended, 

72 
Teachers' Money, State appropriation to be so denomi- 
nated, 39 
Telephone Companies, certain minors not to be em- 
ployed by, when, 75, 76 
Tenure of Office, of State board of education, 33, 34 
of commissioner of public schools, 37 



INDEX TO GENERAL LxiWS. 419 

Tenure of Office— Continued. 
of school committee, 43 
of school district officers, 80 

of board of managers of Ehode Island College of Agri- 
culture and Mechanic Arts, 86 
of trustees of Ehode Island Institute for the Deaf, 93 
of board of control of State Home and School, 95, 96 
Text-books. See Schoolhooks. 

Thanksgiving Day appointed by general assembly, gov- 
ernor, president, legal holidaj^, 105 
Time, reckoned by calendar months and years, excludes day 

from which reckoned, 13 
Town, word construed to include city, or district of Narra- 
gansett, 13 
oath of office of persons elected to office by, 10 
powers and duties of, relative to schools, 17-19, 41-43 
power of, to establish free public libraries, 17 
may appropriate money for maintenance of such lib- 
raries, 18 
may appropriate money for free public library not its 

own, 18 
power of, to incur debt, limited ; exceptions, 18, 19 

to assess ratable property, limited; exceptions, 19 
management and control of free public library by, 19-21 
entitled to what part of State appropriation for schools, 

38 
school money due from State, forfeited when, 39 

when withheld from, 45, 46, 64, 78 
to establish and maintain public schools, 41 
may be divided into school districts, 41 
Town Clerk, words may include city clerk, district clerk, 
13 
may administer oaths, 11 

to record boundaries of school districts, alterations, 45 
to take census of children of school age, 45 
to distribute school documents, 45 
Town Council, words may include board of aldermen, or 
district council, 13 
may prescribe rules for public libraries, when, 17, 18 



420 SCHOOL MANUAL. 

Town Conncil — Continued, 

may accept free public library or funds for, 19, 20 
board of trustees of free public library to be elected 

by, 20 
power of, to fill vacancy in scliool committee, 43 
to appoint special constables under truant law, 74, 75 
to make ordinances, etc., concerning truants, 77, 78 
penalty for neglect of, to appoint officers or make ordi- 
nances concerning truants, 78 

Town Meetings, report of school committee to be sub- 
mitted at annual, 64 

Town Treasurer, words may include city or district treas- 
urer, 13 
duties of, in receiving and paying school money, 44 

Treasurer, General. See General Treasurer. 

Treasurer of school district, election, powers, etc., 47 

Truant Officers, appointment, duties, 73-79 

Truants, town councils to make ordinances for, 78 

may be committed to suitable places of instruction, 78 
may be discharged, when, 78 
district courts have jurisdiction of, 79 

Trustees, of free public libraries, how elected, duties, 20 
of schools receiving State aid, to report annually, 35 
of Ehode Island Institute for the Deaf, tenure of office, 

93 
of school districts, election of, 47 
how engaged, 80 

how call meetings of districts, 49, 81 
when determine place of meeting, 49 
of associate districts, how appoioted, 51 
how to ascertain valuation of property in certain cases, 54 
duties and powers of, relative to schools, taxes, etc., 

53-57 
to make returns to school committee, 57 
to receive no compensation unless from district tax, 57 
may admit scholars from without the town, 57 
when school committee may exercise powers of, 57 
to be notified of revocation of teacher's certificate, 
60, 61 



INDEX TO GENEKAL LAWS. 421 

Tvustees— Continued. 

ineligible to teach in public schools, 66, 67 
appeals from decisions of, how taken, and proceedings, 
67, 68 

Tuition monej^ received by districts and towns, how used, 57 
fees not required of attendants at normal school, 71 
fees of beneficiaries at school of design, 89 

"Vacancy in office of trustee of free public library, how 

filled, 20 
in State board of education, how filled, 34 
in school committee, how filled, 43 
in school district offices, how filled, 47 
in board of managers for college of agriculture, how 

filled, 86 

Vacation in public schools, children employed during, 

75, 76 
Vaccination, to attend school to have certificate of, 83 
Vagrants, when received in State Home and School, 98 
Virtue, instruction in principles of, in schools, 67 
Visits of committee required, 61 

of trustees required, 56 
Voluntary Associations, how formed, 105-107 
Voters, rights and qualifications of, 5-7 
Voters in school districts, qualifications of, 50. See School 

Dist7'ict. 

"Warrant for collection of tax to satisfy judgment against 

school district, how issued, 69 
"Washington's Birthday, to be a legal holiday, 104 
"Words, construction of, in statutes, 12-14. See Construc- 
tion. 

"year, word construed to mean calendar year, 13 



36 



INDEX TO DECISIONS. 



Abolition of scliool districts, 115, 288 
Annual district meetings, notice of, 166 
Annulment of certificate, causes for, 252 
Appeal to commissioner, on tax, when, 201 

must be taken in reasonable time, 208 

rehearing allowed, when, 261 

when not allowable, 245 
Appraisal, new one not needed when land is sold, 264 

void, when, 270 
Approval of a judge shuts off rehearing, 265 
Apportionment, school, not district, basis of, 247 
Arnold, S. C, vs. school committee, Scituate, 244, 281 
Assessment, by per cent, legal, 192 

greater than sum voted, illegal, 203 

legal if clear to whom, 192 
Assessors appointed by commissioner, how proceed, 199 

of town called by trustee, when, 194, 202 
Award of appraisers void, when, 270 

Barrington, District No. 1, 133 
Boundaries of district how determined, 203 

change of, effect on district, 206 
Building committee, powers of, 132 
Bull, I. M., et al. vs. school committee, Woonsocket, 229 
Burrillville, District No. 7, 126, 152, 259 

District No. 12, 125 

Carpenter, G. B., vs. Joint District 2 and 4, Hopkinton, 
and 8, Westerly, 277 

Certificate of teacher, can be annulled by school commit- 
tee, 224 



INDEX TO DECISIONS. 423 

Certificate — Continued. 

may be annulled when, 225, 252 

may be limited by school committee, 223, 224 

not necessary when no districts, 255 
Change in text-books, action on, when may be taken, 244 
Clarke, Joseph O., case of, 131 
Clerk, of district, error in records of, effect of, 192 
how to record proceedings, 184 

not clothed with discretionary power of committee, 227 
Collector of taxes, not liable for damages when, 199 

has percentage on payments to treasurer, 197 
Commissioner. See School Gomjnissioner. 
Committee. See School Committee. 
Condemnation, proceedings in, how conducted, 139, 144 
Constitution, plurality amendment to, effect of, 181 
Coventry, Emma A. Frink vs. school committee of, 156 

L. E. Seamans vs. school committee of, 249 
Crandall, Jos., vs. School District No. 2, Exeter, 194 
Cranston, abolition of districts in, 115 

L. A. Freeman et al. vs. school committee of, 254 

J. Nevins vs. school committee of, 241 

District No. 1, 220 

District No. 2, 153, 214 
Cumberland, District No. 5, 222 

and Lincoln, Joint District Nos. 15 and 13, 175, 182 

Decision of commissioner how to be enforced, 260 
Debt of district not limit of tax, 197 
De facto officers, acts of, are valid, 135, 164, 208 
Discretionary powers of school committee not transfer- 
able, 227 
Dismission of teacher to be by school committee, 223 
District, cannot hire teachers by vote, 213 

can tax for more than debt, 197 

entitled to official notice when, 198 

joint. See Joint District. 

liable for costs in suit, 127 

limitations of, as to building, 129 

may be changed after vote to tax, 208 

may be divided, hoAV, 129 



424 SCHOOL MANUAL. 

District — ContimjLed. 

may give note, 126, 131 

may open more than one school, 122 

no longer basis of division of money, 245 

no right to overdraw, 136 

not town, liable for teachers' wages, 276 
Districts, abolition of, constitutional, 115 

provisions for, interpreted, 119 

discontinued by school committee, 233 

originally formed by school committee, 230 

powers of, 122-146 
District boundaries, how determined, 203 

change of, effect of, 206 
District meetings, 147-188 

notice of annual, 166 

special, 151, 166, 170 

when consent of school committee required, 174 

records of, 166 
District officers, powers of, 122 
District taxes, 189-207 
District tax, confided to town collector when, 193 

cannot be approved by commissioner, 201 

may be approved when, 167 

to whom to be paid, 191 

when to be questioned, 169 
Douglass, Josephine E., vs. G. E. Barber, 284 

East Providence, E. E. Hovey vs. town of, 282 
Enforcement of decision lies in Supreme Court, 26') 
Examination must precede election, 257 

other means than, to determine qualifications, 256 
Exempt from taxation, what buildings, 113 
Exeter, Jos. Crandall vs. School District No. 2 of, 194 

District No. 11, 196 
Expulsion of a pupil in hands of school committee, 229 

Failure to govern or instruct, cause for annulling, 252 
Fires, teacher cannot be required to make, 253 

scholar cannot be required to make, 228 
Forfeiture of office not caused by loss of qualification, 208 



INDEX TO DECISIONS. 425 

Freeman, L. A., et al. vs. school committee, Cranston, 254 
Frink, Emma A., vs. school committee, Coventry, 156 

G-eneral laws modify special only when so stated, 235 
G-ift to a district not contrary to law, 240 
G-radation of schools cannot be forced on a district, 224 
Grievance, what may be, 272 

Hopkinton and Westerly, Joint District, G. B. Car- 
penter vs. , 277 

Hovey, F. E., vs. town of East Providence, 282 

Howland, E. W., vs. District No. 3, Little Compton, 137, 
140, 144 

Husband, right of, to vote on wife's estate, 155 

Incidentals, paid for out of town money 228, 237 
Illegal votes, effect of, 152 

Insurance of schoolhouse illegal unless voted, 196 
Irregularities in district meeting, effect of, 176 
Interruption of school is breach of peace, 284 

Johnston, District No. 1, 173 

vote of, to abolish districts, 288 
Joint district, limitations on establishment of, 228 

when abolished, 182 
Jurisdiction, of school commissioner, 260, 261, 262, 267, 269 
272, 281 

where school committee have none, 245 

Kenyon, A. W., vs. school committee, Eichmond, 245 

Land in two districts valued by town assessors, 194 
Legal proceedings, 259-291 

Length of residence fixes tax on personal property, 197 
Little Compton, District No. 3, 137, 140, 144, 165 

District No. 5, 209 
Locate schoolhouse, who has power to, 138 

vote to, not a vote to erect, 138 

when to, 141 
Location of schoolhouse may be appealed, 271 
36* 



426 SCHOOL MANUAL. 

Majority vote, when unsafe, 125 

Mechanic's lien not good against sclioolliouse, 283 

Meetings, of district, 147-188 

special, notice of, 151, 166, 170 

of school committee, no fixed mode of notice of, 222 
Middletown, District No. 4, 198 
Moderator, duty of, 147 

may vote when, 184 
Moral character, lack of, reason for not examining, 249 
Motive for gift no reason for appeal, 239 

Narragansett, district of, considered as a town, 115 
Negative acts of school committee no basis for appeal, 245 
Nevins, J., vs. school committee, Cranston, 241 
North Kingstown, Districts Nos. 3 and 4, 159 

District No. 5, 170 

District No. 10, 122 

school committee of, 226 
North Providence, District No. 2, 210 

District No. 3, 128, 148, 149, 151, 223, 224, 260, 261 

District No. 7, 270 

District No. 8, 135, 262 

District No. 10, 269 

P. B. Stiness, Jr., vs. school committee of, 227 

E. S. Wilkinson vs. District No. 1 of, 192 
North Smithfield, District No. 6, 183 
Notice, for school committee meetings, no fixed mode of, 
222 

of change, of boundaries, when waived, 205 
in text-books, how to be given, 243 

of district meeting, how many required, 156 
annual, 166 
special, -151, 166, 170 

official, to be sent to district when, 198 

Office, eligibility to, 130 

Offices, incompatibility of, 134 

Officers, acts of de facto, valid, 135, 164, 208 

district, powers of, 122 

rights of, 136 



INDEX TO DECISIONS. 427 

Order of trustees fixed by district records, 219 

Per cent, on taxes paid treasurer goes to collector, 197 
Plurality amendment to constitution, effect of, 181 
Preventing school from assembling is unlawful disturb- 
ance, 285 
Property, liable to assessment when, 206 

Avhen not to be relieved from tax, 206 
Power, to enforce decisions onlj^ in a mandamus, 260 

to annul certificates cannot be delegated, 224 
Po"Wers and duties, of towns, 115-121 

of districts and district officers, 122-146 

discretionary, cannot be delegated, 225, 227 
Providence, St. Mary's Church vs. city of, 113 
Public money, cannot be used for repairs, etc., 238 

not drawn by teacher without certificate, 222 

uses of, 237 
Public place, what constitutes, 161 

Qualification, loss of, not work forfeiture of oflace, 208 

Heal and personal estate, how treated on tax list, 190 
Re-approval of tax, necessary, when, 196 
Recognition of school, lack of, by committee, 157 
Records, of districts, how amended, 148 

of district meetings, 166 

of school committee, show district boundaries, 203 
subject to their own control, 282 
Record vote, how to be taken, 177 

on what questions, may be called for, 178 

refusal to allow, effect of, 175 

when to be called for, 158 
•Registry voters, can vote to abolish districts, 288 

ma3^ vote when, 129, 147 
Rehearing of appeal, may be allowed for cause, 261 

not possible after approval by judge, 265 
Removal of trustee, only for cause, 209 
Resignation may be withdrawn before acceptance, 220 
Residence, change of, 186 

length of, required, 155 

what constitutes, 150, 184 



428 SCHOOL MANUAL. 

Kichmond, "District No. 1, 202 

and Hopkinton, Joint District, Nos, 7 and 13, 177 
A. W. Kenyon vs. school committee of, 245 

Scholars cannot be compelled to make fires, 226 
School, not district, basis of apportionment, 245 , 
Schools, district may open more than one, 122 
School commissioner, jurisdiction of, 260, 281, 262, 267, 
269, 272, 281 

has no jurisdiction when, 269 

over records of school committee, 282 

cannot approve district tax, 201 

cannot compel trustees to perform duties, 262 

cannot interfere with other officers, 263 

has no power to enforce decisions, 260 

may allow rehearing for cause, 261 

not to order tax save as law provides, 201 

power over district boundaries, 259, 260 

to submit statement, not evidence, 266 
School committee, powers and duties of, 222-248 

act of one member of, not act of all, 251 

can annul certificate or dismiss for cause, 223, 225 

can discontinue districts, 233 

can examine or not, 256 

can expel pupils, 229 

can refuse to examine on moral grounds, 249 

cannot compel gradation of schools, 224 
scholars to make fires, 226 

cannot delegate general powers, 225, 227 
power to annul certificates, 224 

cannot make conditions after appointment, 257 

have no criminal jurisdiction, 245 

have power to lay off districts, 230 

may limit their certificates, 223, 224 

need not issue certificates, when, 255 
Schoolhoiise, location of, may be appealed, 271 

not a grievance, 240 

not subject to mechanic's lien, 283 

not to be insured without vote, 196 

uses of, 122, 133 



INDEX TO DECISIONS. 429 

School year, legal, begins May 1, 210 
Scituate, District No. 7, 191 

S. C. Arnold vs. school committee of, 244, 281 
Seabury, B, C, collector, vs. E. W. Howland, 165 
Seamans, L. E., vs. school committee, Coventry, 249 
Smith, E., vs. school committee, Smithfield, 251, 264 
Smithfield, District No. 14, 190 

E. Smith, vs. school committee of, 251, 264 
Soldiers and Sailors, children of, provision for, 278 

estates of, not exempt from tax for schools, 280 
South Kingstown, District No. 3, 239 

District No. 19, 200, 271 

and Richmond, Joint Districts Nos. 17 and 4, 158 
Special laws modified by general when so stated, 235 
Special district meetings, notice of, 151, 166, 170 

when consent of school committee required for, 174 
Spencer, D. P., vs. District No. 17, Warwick, 275 
Statement of facts, what constitutes, 266 

is not evidence, 266 
Stiness, P. B., Jr., vs. J. H. Willard, clerk school com- 
mittee, North Providence, 227 
St. Mary's Church vs. City of Providence, 113 



Tax of district, may be approved when, 167 

committee's approval of, not appealed from, 189 
may be rescinded from, 189 
when to be secured, 190 
for more than amount of debt legal, 197 
may be ordered by one legal voter, 197 
ordered by commissioner, when, 200 
re-approval of, necessary when, 196 
when can be rescinded, 125, 126 
who may vote on, 152, 153 

Taxation, what buiklings exempt from, when, 113 

Tax collector not liable for damages, when, 199 

Teachers, 249-258 

cannot be compelled to make fires, 253 

cannot be dismissed by trustee during term, 212 

cannot be hired by district, 213 



430 SCHOOL MANUAL. 

Teachers — Continued. 

cannot draw public money without certificate, 222 

claims of, against district, not town, 276 

dismissed by school committee, 223 

if dismissed draw public money no longer, 250 

may be dismissed for cause, 225 

wages of, fixed by trustee, 210 

Text -books, change in, may be made when, 244 
change of edition of, not change of books, 242 
notice of change in, what kind needed, 243 

Tiffany, W., vs. District No. 4, Warwick, 215 

Time, how reckoned, 173 

Town, powers and duties of, 115-121 

not liable for teacher's wages, when, 276 

Town appropriation can be used for incidentals, 228, 287 

Town assessors, called on by trustee, when, 202 
land in two districts valued by, 194 

Town collector, bond of, not held for district, 189 
can collect district tax when, 193 

Transfer of title does not call for new appraisal, 264 

Trustees, 208-221 

can hire at any price, 210 

cannot be made to act by commissioner, 262 

cannot compel scholars to make fires, 226 

cannot dismiss teacher during term, 212 

cannot reduce wages during term, 212 

if one elected, later meeting cannot add, 214 

meetings of, not determined by law, 214 

must act as a board, 213 

number of, how decided, 162 

only removable for cause, 209 

order of, fixed by district records, 219 

to call on town assessor, when, 194, 202 

to respect orders of school committee, when, 209 

two do not make legal board, 216 

Uses of public money, 228, 237 

"Verry, N. T., vs. school committee, Woonsocket, 235 , 
"Vote to abolish districts not direct vote to tax, 289 



INDEX TO DECISIONS. 431 

Votes, fixing time for taxes, how interpreted, 190 

illegal, effect of, 152 
"Voter, one legal, can order tax, 197 

qualifications of, 128, 149 

residence of, 150 

"Wages of teachers, at discretion of trustee, 210 

cannot be reduced during term, 212 
Warwick, District No. 7, 193 

D. P. Spencer vs. District No. 17 of, 275 
West G-reenwich, District No. 4, 204 

District No. 8, 213 
Wilkinson, E. S., vs. District No. 1, North Providence, 192 
Woonsocket, I. M. Bull vs. school committee of, 229 

N. T. Yerry vs. school committee of, 235 

Year, school, begins when, 210 



INDEX TO REMARKS AND FORMS. 



Accounts of scliool committee, how to be kept, 321 
Admission to school, at what ages, 318 
Adjourned meeting, what business legal at, 340 
Annulling certificates, reasons for, 312 
Appeals to commissioner, form of, 389 

notice of, to be served, 358 
form of, 390 

restrictions thereon, 357, 358 

suggestions relating thereto, 357, 358 
Apportioning money, under what restrictions, 319, 320 
Assessment of taxes, 343-346 

Bible reading in the schools, 351, 352 

Blind and feeble-minded, education of, 359 

Board of education. See State Board of Education. 

Bond of district treasurer and collector, form of, 376, 377 

Casting vote, moderator has none, 329 
Certificates, of election, form of, 362 
of engagement, form of, 363 
of teachers, annulling, reasons for, 312 
form for annulling, 363 
given on what diploma, 312 
how granted, etc., 306-312 
Choice of officers, form of record of, 368 
Clerk, town. See Town Clerk. 
Collection of taxes, 346-348 

Commissioner of public schools. See School Commis- 
sioner. 
Contract, to build schoolhouse. form of, 370 
with teacher, form of, 364 



INDEX TO Pie:\iaeks axd forms. 

Course of study, need for, 318 

to be fixed by school committee, 318, 819 

Deaf, education of, 359 

blind, and imbecile, education of, 292, 859 
Deed, tax collector's, form of, 879 

to and from school district, form of, 388, 385 
Discipline, need of precise rules thereon, 316 
Dismissing teacher, causes for, 312 
Distraint and collection, method of, 347 

what not subject to, 347 
Districts, attendance in other, how regulated, 303, 303 
boundaries of, how determined, 80 1 , 302 
how dissolved, 329 

how laid off by school committee, 301 
may tax for what purposes, 342 
should possess what equipment, 336 
three ways of uniting, 828 
District assessors, no such officers as, 344 

boundaries, provisions for keeping record of, 303 
clerk, duties of, 380, 331 

records of, should be kept how, 830, 381 
when prima facie evidence, 831 
collector, engagement and duties of, 882 
form of bond of, 377 
legal fee of, 332 
meetings, how to be notified, 889 

mode of conducting, 840 
note, should be signed by treasurer, 882 
taxes, abatement of, how made, 348 
treasurer, engagement and duties of, 381, 332 
form of bond of, 876 
must give bonds, when, 331 

Dog taxes, when to be credited to school account, 296 

Education, board of. See State Board of Education. 
Education of dependent and defective classes, 358, 359 
Engagement, of officers should be recorded, 340 

who ma3' administer, 388 

who must take an, 337 

37 



434 SCHOOL MANUAL. 

Equipment needed for each school, 336 

Evening schools, appropriation for, and care of, 292 

place for, 324 
Examination, points of, 307-311 

Fines and forfeitures, remission of, 292 
Form, of appeal to school commissioner, 389 
of annulling certificates, 363 
of bond of district collector, 377 

treasurer, 376 
of certificate of election of school ofiicers, 362 

engagement of school officers, 363 
of commencement of district records, 367 
of contract to build schoolhouse, 370 

with a teacher, 364 
of deed from a school district, 385 

to a school district, 383 
of incorporation of public library, 391 
of lease of building by district, 381 
of note given by a school district, 387 
of notice of appeal, 390 

of annual district meeting, 366 

of special district meeting, 366 

of district meeting by school committee, 365 

of change in text-books, 389 
of oath to be taken hj school officers, 363 
of order on school fund, 388 

of prayer for opening and closing school, 393, 394 
of record of choice of officers, 368 

of vote to levy tax, 373 
of request for special district meeting, 367 
of tax bill, or assessment list, 375 
of tax collector's bond, 377 

deed, 379 
of treasurer's bond, 376 
of vote to build a schoolhouse, 369 

to devolve care on school committee, 369 

to fix form of seal, 387 

to hire money, 387 

to sell land of district, 385 



INDEX TO REMARKS AND FORMS. 435 

Form — Continued. 

of vote to take a lease, 382 

by school committee to form joint district, 388 

of warrant to collect a tax, 375 
Free public libraries, as town institutions, 295, 360 

care of, 292 

form for incorporation of, 391 

how organized, 360 

G-Overn, power to, how discerned, 310, 311 
Gradation of schools, to be urged, 323 

Holidays, to be fixed by school committee, 319 

Instruct, ability to, importance of, 310 

Joint districts, when desirable, 303, 304 

Kindergarten, age of admission to, 318 

Lease of building by district, form of, 381 

Libraries, free public, may be maintained by towns, 295, 360 

suggestions concerning, 359-361 
Literary attainments of teachers, 307-309 
Moral instruction, nature of, to be taught, 350 
Meetings, district, adjourned, legal business at, 340 

conduct of, 340-342 

form of notice of, 365, 366 

of request for special, 367 
Moderator, election and duties of, 339 

has no casting vote, 329 

no judge of voter's qualifications, 329 

should maintain order, 330 
Moral character, how to be considered, 307 
Normal school. See State Normal School. 
Note given by school district, form of, 387 
Notice of district meeting, by school committee, 323 

form of, of appeal, 390 

Oath., form of, to be taken by school officers, 363 
Offices, qualifications for, 337 

when same person may not hold two. 



436 SCHOOL MANUAL. 

Order, of business, in hands of district, 341 
on school fand, form of, 388 

Parliamentary la"W, force of, in district meetings, 329 
Plans for building or repairs, to be approved, 304, 305 
Poll taxes, when to be credited to school account, 296 
Prayer, forms of, for use in schools, 393, 394 

in schools, 351 
Punishment by teachers, extent of, allowable, 352-357 

for acts done out of school, 354-356 
Pupils, admitted to school at what age, 318 

Qualifications, for office, 337 

for voting, 339 

of teachers, what constitute, 307-311 
Quorum of district meeting, none fixed, 341 

Reading of Bible in schools, 351, 352 

Records, of district, forms of commencement of, 367 

of meeting may be proved by testimony, 340 
Record vote, when moderator should call for, 329 
Redemption of tax sale, how done, 347 
Refusal, of certificate, no appeal from, 349 
of officers to act, remedy for, 335, 340 
Register, teacher's duty with reference to, 348 
Resignations, how to be made, 338 
Restrictions upon paying out school moneys, 320, 321 
Returns, importance of, 322 

how and by whom made, 322 
teacher's duty with reference to, 349 
R, I, Institute for the Deaf, 359 
Rules and regulations, nature and extent of, 317-319 

to be made by whom, 317 
School commissioner, duties of, 293 
election of, 292 
judicial functions of, 293, 294 
School committee, annual report of, 298 
condition of membership, 297 
duties of, 298-324 

as to schoolhouses, 304, 305 



INDEX TO KEMAEKS AND FOKMS. 437 

School committee— Continued. 

have final power over certificates, 311 

meetings of, 300 

records of, how to be kept, 300, 301 

not to be relieved by superintendent, 325 

number of, how fixed, 299 

organization of, 298, 299 

synopsis of duties of, 327, 328 

vacancies in, how filled, 299 

what disqualifies one for, 297, 339 

women eligible to, 297 
School libraries, how to secure, 359 
School moneys, how to be kept and disbursed, 296 
School officers, tenure of, 338 
School superintendents, 324-326 

not civil officers, 324 

not to relieve committee, 325 

suggestions concerning, 326 
Schoolhouses, location of, 304, 305 
Schools, how may be carried on, 294 

small, how to be treated, 320 
State board of education, composition of, 292 
duties of, 292 
meetings of, 293 
State Home and School for Children, 358 
State normal school, trustees of, 292 

Taxation, general provisions concerning, 342, 343 
Taxes, district, assessment of, 343-346 

collection of, 346-348 

how should be voted, 343 

must be assessed by trustee, 337 

must be paid to collector, 346, 347 

who can vote for, 343 

why to be approved by school committee, 305 
Tax bill, or assessment list, form of, 375 
Tax laws of the State, abstract of, 345, 346 
Tax warrant remains in force, how long, 347 
Teachers, cause for dismission of, 312 

certificates of, 308-312 



438 SCHOOL MANUAL. 

Teachers— Continued. 

duties of, and suo^gestions to, 348-357 
as to registers, 348 
as to returns, 349 

form of contract with, 364 

meetings of, should be encouraged, 335 

power of, to punish, 352-357 

qualifications of, 307-311, 349 

to impart moral instruction, 350 
Text-books, notice of change in, form of, 389 

selection of, 316 

uniformity in, when desirable, 317 

what, should be excluded, 317 
Town, each, fixes its own limit of education, 294 

may abolish districts, 295 

may establish and maintain free libraries, 295, 380 

required to maintain schools, 294 
Town clerk, duties of, relating to schools, 295 
To^wn system, adA^antage of, 295 
Town treasurer, duties of, as to returns, 296, 297 

relating to schools, 296 
to school committee, 296 
Trustees, are legal custodians of schoolhouse, 334 

duties and powers of, 332-337 

election of, 332 

have no power over rules and regulations, 336 

number of, when to be decided, 332 

returns of, nature and importance of, 336, 337 

subject to penalty for neglect of duty, 335 

to call on town assessors when ; how proceed, 344 

when three, to do all business at a meeting, 333 

"Vacancies and resignations, how to be treated, 338 
Visiting schools, benefits of, 313 

duty of school committee as to, 312 

how to be conducted, 313-316 

two phases of, 316 
"Vote, to levy tax, form of record of, 373 

form of, to build schoolhouse, 339 



INDEX TO REMAEKS AND FORMS. 439 

VotG— Continued. 

form of, to devolve care on school committee, 369 
to fix form of seal, 387 
to hire money, 387 
to sell land of district, 385 
to take a lease, 382 
by committee to form Joint district, 388 

"Voting, qualifications for, 339 

Warrant to collect a tax, form of, 375 



LIBRARY 



